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^ORDINANCES AND RESOLUTIONS 
OF THE 

Mayor and City Council 

OF BALTIMORE 

PASSED AT THE ANNUAL SESSION 1977-1978 




Baltimore 

20th Century Printing Company, Inc. 

City Printers 

1978 



and. 



514 
./U 



ORDINANCES 

PASSED AT THE ANNUAL SESSION 
1977-1978 



No. 592 
(Council No. 1024) 

An Ordinance to repeal and reordain Sections 79-82 of 
Article 15 of the Baltimore City Code (1966 Edition), 
title "Licenses", subtitle "Selling in Streets", as 
amended by Ordinance 67, approved June 16, 1976, and 
to add new Sections 82A-82D to said article, to set a 
time limit for the parking or standing of the vehicles of 
itinerant food vendors in residential areas ; to provide a 
minimum distance from schools for the parking and 
standing of such vehicles ; to require the licensee of each 
such vehicle to provide trash receptacles and to be re- 
sponsible for the removal of trash within a specified 
radius of his vehicle ; to provide penalties ; and to clarify 
certain language. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 79-82 of Article 15 of the Bal- 
timore City Code (1966 Edition), title "Licenses", sub- 
title "Selling in Streets", as amended by Ordinance 67, ap- 
proved June 16, 1976, be and they are hereby repealed and 
reordained with amendments to read as follows : 

79. Sale of food or food products. 

It shall not be lawful for any person or persons, or firm, 
to sell or offer for sale in the streets and highways of Balti- 
more City any fresh fruits, vegetables or other [perishable 
articles] food or food products without having first ob- 
tained from the Director of Finance of Baltimore City, who 
is hereby authorized to grant the same, a license, which 
[said] license [is to] will expire on the first day of Janu- 
ary succeeding the date of its issue. "FOOD OR FOOD 
PRODUCTS" INCLUDES ALL ARTICLES USED AS 
FOOD, DRINK, CONFECTIONERY, OR CONDIMENT 



4 ORDINANCES Ord. No. 592 

FOR HUMAN CONSUMPTION, WHETHER SIMPLE OR 
COMPOUND, WITH THE EXCEPTION OF MEDICINES, 
DRUGS, AND ALCOHOL. 

80. Same; licenses. 

Any person or persons desiring to sell fresh fruits, 
vegetables or other [perishable articles] food or food 
products from any wagon or other vehicle in the streets 
or highways of Baltimore City shall apply to the Director of 
Finance of Baltimore City for a license therefor and shall 
pay to said Director of Finance the sum of five dollars ($5) ; 
and any person or persons desiring to sell fresh fruits, 
vegetables or other [perishable articles] food or food 
products from any basket or push-cart in the streets or 
highways of Baltimore City shall apply to the Director of 
Finance of Baltimore City for a license therefor, and shall 
pay to said Director of Finance the sum of two dollars 
($2). No license shall be issued for a part of a year. A 
LICENSE SHALL ONLY BE ISSUED TO AN APPLI- 
CANT WHO HAS A VALID FOOD PERMIT FROM THE 
BALTIMORE CITY HEALTH DEPARTMENT. 

81. Badges 

Each wagon or other vehicle shall be attended by not more 
than two men, and such persons shall conspicuously wear 
a badge to be supplied by the Director of Finance, and to 
be numbered in conformity with the number of the license 
on the wagon or other vehicle from which they and each 
of them are selling; and each basket man and push-cart 
man shall also conspicuously wear a badge to be supplied 
by the said Director of Finance, and said badge shall be 
numbered to correspond with the number of the license. 

82. Penalties. 

Any person or persons selling or offering for sale the 
articles named in Section 80 of this article without first 
having obtained the license and wagon or vehicle number, 
as provided for in [said] Section 80, shall forfeit and pay a 
fine of five dollars for each and every offense ; and any per- 
son or persons neglecting to conspicuously display the 
badge, as provided in Section 81 hereof, shall forfeit and 



ORDINANCES 5 

pay a fine of one dollar for each and every offense, and the 
fines and moneys received from the licenses named in 
Section 80 are to be deposited with the Director of Finance 
to the credit of the City of Baltimore. 

Sec. 2. And be it further ordained, That new Sections 
82A-82D be and they are hereby added to Article 15 of the 
Baltimore City Code (1966 Edition), title "Licenses", sub- 
title "Selling in Streets" to read as follows : 

82 A,. Time limitations in residential areas. 

In residential areas, no person required by Section 79 to 
be licensed may stand or park his wagon or other vehicle 
on any public street or alley for more than 15 minutes at a 
given location and may not within the succeeding U8 
hours park or stand within 300 feet of the immediately 
previous location. 

82B. Selling near schools. 

No person required by Section 79 to be licensed may 
stand or park his wagon or other vehicle on any street or 
alley within 500 feet of the grounds of any building used 
as a public or private kindergarten, grammar, or high 
school from 7:00 A.M. to 5:00 P.M. on school days, 

82C. Receptacles; clean-up. 

Every person required by Section 79 to be licensed must 
make available sufficient trash receptacles for the use of 
his customers. Such person, upon leaving the place where 
he has stood or parked his vehicle, is responsible for the re- 
moval of trash in the area within a 10 foot radius of the 
place where his vehicle stood or was parked* 

82D. Penalties; revocation. 

A violation of any of the provisions of Sections 82A, 
82B, or 82C shall be a misdemeanor, and any person con- 
victed thereof shall be subject to a fine of not less than 
One Hundred Dollars ($100.00) nor more than Five Hun- 
dred Dollars ($500.00), or to imprisonment for not more 
than 6 months, or to both fine and imprisonment, at the 



6 ORDINANCES Ord. No. 593 

discretion of the court. Upon a third conviction under the 
provisions of this section, the license required by Section 
79 of the person so convicted shall be revoked. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

This Bill became law on December 12, 1977 without the 
Mayor's signature. 



No. 593 
(Council No. 813) 

An Ordinance to amend Sheets No. 47 and 57 of the 
Zoning District Maps of Article 30 of the Baltimore City 
Code (1966 Edition), title "Zoning", (Ordinance No. 
1051, approved April 20, 1971) by changing from the 
R-8 Zoning District to the £-3-2 M-4 M-l-2 Zoning Dis- 
trict the property generally known as 601 N. Milton 
Avenue, as outlined in red on the AMENDED plats 
accompanying this ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheets No. 47 and 57 of the Zoning 
District Maps of Article 30 of the Baltimore City Code 
(1966 Edition), title "Zoning", (Ordinance No. 1051, ap- 
proved April 20, 1971, be and they are hereby amended 
by changing from the R-8 Zoning District to the B 3 2 M-4 
M-l-2 Zoning District the property generally known as 
601 N. Milton Avenue as outlined in red on the AMENDED 
plats accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof, and in 
order to give notice to the departments which are adminis- 
tering the Zoning Ordinance, the President of the City 
Council shall sign the plat, and when the Mayor approves 
the ordinance he shall sign the plat. The City Treasurer 
shall then transmit a copy of the ordinance and one of the 



ORDINANCES 7 

plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development, 
the Commissioner of Transit and Traffic and the Zoning 
Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved December 16, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 594 
(Council No. 1216) 

An Ordinance to amend Sheets 45 AND 46 of the Zoning 
District Maps of Article 30 of the Baltimore City Code 
(1966 Edition) title "Zoning" (Ordinance No. 1051, ap- 
proved April 20, 1971) by changing from the B-5-1 Zon- 
ing District to the B-4-2 Zoning District the properties 
generally known as 1200-1228 and 1301 N. Charles 
Street in the Mid-Town Belvedere Urban Renewal Proj- 
ect, as outlined in red on the AMENDED plat accom- 
panying this ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheets No. 45 AND 46 of the Zoning 
District Map of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning" (Ordinance No. 1051, approved 
April 20, 1971) be and it is hereby amended by changing 
from the B-5-1 Zoning District to the B-4-2 Zoning District 
the properties generally known as 1200-1228 and 1301 N. 
Charles Street, as outlined in red on the AMENDED plat 
accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the 



8 ORDINANCES Ord. No. 595 

Zoning Ordinance, the President of the City Council shall 
sign the plat and, when the Mayor approves the ordinance, 
he shall sign the plat. The City Treasurer shall then trans- 
mit a copy of the ordinance and one of the plats to the 
following: Board of Municipal and Zoning Appeals, Plan- 
ning Commission, Commissioner of Department of Hous- 
ing and Community Development, and the Zoning Admin- 
istrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 16, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 595 
(Council No. 1291) 

An Ordinance consenting to and approving a Petition, dated 
June 6, 1977, for the extension of the Metropolitan Dis- 
trict of Baltimore County to a tract of land in the Eighth 
Election District, in the vicinity of Bosley Road and Pot 
Spring Road and in accordance with the provisions of 
Chapter 539 of the Acts of the General Assembly of 
Maryland 1924, as amended by Chapter 515 of the Acts of 
1955., SUBJECT TO THE CONDITIONS THAT THE 
AREA WILL BE MAINTAINED IN ACCORDANCE 
WITH THE STORM WATER MANAGEMENT POLICY 
IN EFFECT ON OCTOBER 24, 1977 AND THAT THE 
NUMBER OF DWELLING UNITS PERMITTED ON 
THE TRACT SHALL NOT EXCEED THE DENSITY 
OF DR 1. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the petition, dated June 6, 1977, for the 
extension of the Metropolitan District of Baltimore County 
to a tract of land in the Eighth Election District of Balti- 
more County in the vicinity of Bosley Road and Pot Spring 
Road, more particularly shown on a plat filed in the Depart- 
ment of Public Works of Baltimore County numbered 75- 



ORDINANCES 9 

0227, is in accordance with the authority granted by Chapter 
639 of the Acts of the General Assembly of Maryland 1924, 
and amended by Chapter 515 of the Acts of 1955 hereby 
consented to and approved*, SUBJECT TO THE FOLLOW- 
ING CONDITIONS: 

A. THAT THE STORM WATER MANAGEMENT 
AREA SHALL BE MAINTAINED IN ACCORDANCE 
WITH THE EXECUTIVE ORDER OF AUGUST 30, 
1974, "STORM WATER MANAGEMENT POLICY" AS 
AMENDED THROUGH OCTOBER 24, 1977; AND 

B. THAT THE NUMBER OF DWELLING UNITS 
PERMITTED ON THIS TRACT SHALL NOT BE IN- 
CREASED BEYOND THE DENSITY PERMITTED IN 
THE DR 1 ZONE ON THE DATE OF THIS ORDI- 
NANCE. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 16, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 596 
(Council No. 1293) 

An Ordinance providing for reserved parking on the south 
side of McHenry Street for John A. Ewart. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That on the south side of McHenry Street, 
beginning at a point 10 feet west of the east curb line of 
Harmison Street to a point 36 feet west of the east curb line 
of Harmison Street parking is reserved for John A. Ewart. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 16, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



10 ORDINANCES Ord. No. 598 

No. 597 
(Council No. 1308) 

An Ordinance providing for reserved parking on the west 
side of Guilford Terrace near Homewood Terrace for 
William E. Torres. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That on the west side of Guilford Terrace, 
from a point 175 feet south of Homewood Terrace to a point 
197 feet south of Homewood Terrace, parking is reserved 
for William E. Torres. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 16, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 598 

(Council No. 1310) 

An Ordinance to add new Section 141 (4c) to Article 31 of 
the Baltimore City Code (1966 Edition), title "Transit 
and Traffic", subtitle "Impounding", designating the north 
side of Monument Street from Fallsway to Washington 
Street as an impounding area. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That new Section 141 (4c) be and it is hereby 
added to Article 31 of the Baltimore City Code (1966 Edi- 
tion), Title "Transit and Traffic", Subtitle "Impounding", 
to read as follows : 

141. 

(Uc) Monument Street, north side, from Fallsway to 
Washington Street. 



ORDINANCES 11 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 16, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 599 
(Council No. 1007) 

An Ordinance to condemn and close certain portions of 
Interstate Route No. 95 opened in accordance with 
Ordinance No. 720 approved January 6, 1966 and Ordi- 
nance No. 1048 approved June 21, 1967 extending from 
Caroline Street easterly to Boston Street and Luzerne 
Avenue in accordance with a plat thereof numbered 322- 
A-3, prepared by the Surveys and Records Division and 
filed in the Office of the Department of Public Works, 
on the Second (2nd) day of March, 1977, and now on file 
in said office. 

SECTION 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and close certain portions of Interstate Route No. 95 
opened in accordance with Ordinance No. 720 approved 
January 6, 1966 and Ordinance No. 1048 approved June 21, 
1967 extending from Caroline Street easterly to Boston 
Street and Luzerne Avenue the portions of Interstate Route 
No. 95 hereby directed to be condemned for said closing 
being described as follows : 

Sheet 1 of 5 comprising Parcel No.'s : 

1 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Lancaster Street, Dallas Street, the 
south outline of said Ordinance, Westerly 150 feet, more or 
less, and Caroline Street and designated as Parcel No. 1. 

2 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Lancaster Street, Bond Street, the 



12 ORDINANCES Ord. No. 599 

south outline of said Ordinance, Westerly 162 feet, more or 
less, and Dallas Street and designated as Parcel No. 2. 

3 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Lancaster Street, Bethel Street, 
Shakespeare Street, and Bond Street and designated as 
Parcel No. 3. 

4 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Broadway, Shakespeare Street, Bethel 
Street and Lancaster Street and designated as Parcel No. 4. 

5 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Broadway, Thames Street, the west, 
south and east outlines of said Ordinance, the four follow- 
ing courses and distances; namely, Northerly 55.00 feet, 
Westerly 96 feet, more or less, Southerly 20 feet, more or 
less, and Westerly 170 feet, more or less, Bond Street and 
Shakespeare Street and designated as Parcel No. 5. 

Sheet 2 of 5 comprising Parcel No.'s: 

6 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Lancaster Street, Ann Street, 
Thames Street and Broadway and designated as Parcel 
No. 6. 

7 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Lancaster Street, Wolfe Street, 
Thames Street and Ann Street and designated as Parcel 

No. 7. 

Sheets 3, 4 and 5 of 5 comprising Parcel No. 8 : 

8 — A portion of Ordinance No. 720 approved January 6, 
1966 and bounded by the north, east and west outlines of 
said Ordinance the eight following courses and distances, 
namely; Easterly 363.3 feet, Southerly 92 feet, more or 
less, Easterly 62 feet, Northerly 105.3 feet, Easterly 90.5 
feet, Northerly 196.8 feet, Easterly 95 feet and Northerly 
145.7 feet, Aliceanna Street, Boston Street, the southeast, 
northeast, and north outlines of said Ordinance, the three 
following courses and distances, namely; Southwesterly 
105.5 feet, Southeasterly 393.0 feet and Easterly 180 feet, 
more or less, Boston Street, the northwest outline of the 
property known as No. 2GQ2601-2621 Boston Street, the 



ORDINANCES 13 

southeast, southwest, south and west outlines of said Ordi- 
nance, the seven following courses and distances, namely; 
Southwesterly 352 feet, more or less, Northwesterly 300 feet, 
Northwesterly 1250 feet, more or less, Northwesterly 340 
feet, more or less, Westerly 346 feet, Northerly 80 feet and 
Westerly 290.0 feet and Wolfe Street and designated as 
Parcel No. 8. 

The said portions of Interstate Route No. 95 as directed 
to be condemned being delineated and particularly shown 
on a plat numbered 322-A-3 which was filed in the Office of 
the Department of Public Works on the Second (2nd) day 
of March, in the year 1977 and is now on file in the said 
Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of 
the Mayor and City Council of Baltimore, in fee simple, 
until the use thereof shall be abandoned by the Mayor and 
City Council of Baltimore, and in the event that any per- 
son, firm or corporation shall first obtain permission and 
permits therefor from the Mayor and City Council of Bal- 
timore, and shall in the application for such permission 
and permits agree to pay all costs and charges of every 
kind and nature made necessary by such removal, alterna- 
tion or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordi- 
nance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the speci- 
fications and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 



14 ORDINANCES Ord. No. 599 

Sec. 4. And be it farther ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and 
appurtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Balti- 
more City, be promptly removed by and at the expense of 
the said owners. 

Sec. 5. And be it further ordained, That on and after the 
closing of said highway or highways, the said Mayor and 
City Council of Baltimore, acting through its duly author- 
ized representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurte- 
nances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replace- 
ment, of any or all of said structures and appurtenances, 
and this without permission from or compensation to the 
owner or owners of said land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said portions of Interstate 
Route No. 95 and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and be 
in accordance with, any and all applicable provisions of 
Article 4 of the Code of Public Local Laws of Maryland and 
the Charter of Baltimore City (1964 Revision) as amended 
to July 1, 1973 and any and all amendments thereto, and 
any and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and City Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 19, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 15 

No. 600 
(Council No. 1008) 

An Ordinance to condemn and close certain portions of 
Interstate Route No. 95 opened in accordance with Ordi- 
nance No. 1048 approved June 21, 1967 extending from 
Sharp Street to Battery Avenue in accordance with a plat 
thereof numbered 322- A-2, prepared by the Surveys and 
Records Division and filed in the Office of the Depart- 
ment of Public Works, on the Tenth (10th) day of 
February, 1977, and now on file in said office. 

SECTION 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and close certain portions of INTERSTATE ROUTE NO. 
95 OPENED IN ACCORDANCE WITH Ordinance No. 
1048 approved June 21, 1967 extending from Sharp Street 
to Battery Avenue the portions of said ordinance hereby 
directed to be condemned for said closing being described 
as follows: 

Sheet 1 of 3 comprising Parcel No/s : 

1 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Sharp Street, Montgomery Street, 
Peach Street, the right of way line and Henrietta Street 
and designated as Parcel No. 1. 

2 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Peach Street, Montgomery Street, 
Leadenhall Street and the right of way line and designated 
as Parcel No. 2. 

3 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Hughes Street, Hanover Street, 
Montgomery Street and Sharp Street and designated as 
Parcel No. 3. 

4 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Leadenhall Street, Montgomery 
Street, Bevan Street and the right of way line and desig- 
nated as Parcel No. 4. 



16 ORDINANCES Ord. No. 600 

5 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Bevan Street, Montgomery Street, 
Hanover Street, Henrietta Street and the right of way line 
and designated as Parcel No. 5. 

Sheet 2 of 3 comprising Parcel No.'s : 

6 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Charles Street, Montgomery Street, 
Hanover Street and Hughes Street and designated as Par- 
cel No. 6. 

7 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Montgomery Street, Charles Street, 
Churchill Street and Hanover Street and designated as Par- 
cel No. 7. 

8 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Charles Street, Hughes Street, Light 
Street and Montgomery Street and designated as Parcel 
No. 8. 

9 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Montgomery Street, Light Street, 
Churchill Street and Charles Street and designated as Par- 
cel No. 9. 



Sheet 3 of 3 comprising Parcel No.'s : 



10 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Light Street, Key Highway, William 
Street, the south outline of the property known as No. 702 
William Street, the east, north and west outlines of the 
property known as No. 122/124 Montgomery Street, the 
north outline of the properties known as No.'s 106 through 
and including 120 Montgomery Street, the east outline of 
the property known as No. 104 Montgomery Street, the 
north outline of the properties known as No.'s 102 and 104 
Montgomery Street, the west outline of the property known 
as No. 102 Montgomery Street and Montgomery Street and 
designated as Parcel No. 10. 

11 — A portion of Ordinance No. 1048 approved June 21, 
1967 and bounded by Key Highway, Battery Avenue, a 10 
foot alley laid out 30 feet south of Key Highway the east 
and south outlines of the property known as No. 707/709 



ORDINANCES 17 

William Street and William Street and designated as Par- 
cel No. 11. 

The said portions of said ordinance as directed to be 
condemned being delineated and particularly shown on a 
plat numbered 322-A-2 which was filed in the Office of the 
Department of Public Works on the Tenth (10th) day of 
February, in the year 1977 and is now on file in said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and 
appurtenances now owned by the Mayor and City Council 
of Baltimore, shall be and continue to be the property of 
the Mayor and City Council of Baltimore, in fee simple, 
until the use thereof shall be abandoned by the Mayor and 
City Council of Baltimore, and in the event that any per- 
son, firm or corporation shall first obtain permission and 
permits therefor from the Mayor and City Council of Bal- 
timore, and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alternation or 
interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordi- 
nance until the subsurface structures and appurtenances 
now owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the speci- 
fications and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and 
appurtenances owned by any person, firm or corporation, 



18 ORDINANCES Ord. No. 600 

other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Baltimore 
City, be promptly removed by and at the expense of the 
said owners. 

Sec. 5. And be it further ordained, That on and after the 
closing of said highway or highways, the said Mayor and 
City Council of Baltimore, acting through its duly author- 
ized representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurte- 
nances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replace- 
ment, of any or all of said structures and appurtenances, 
and this without permission from or compensation to the 
owner or owners of said land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said portions of said ordinance 
and the proceedings and rights of all parties interested or 
affected thereby, shall be regulated by, and be in accord- 
ance with, any and all applicable provisions of Article 4 of 
the Code of Public Local Laws of Maryland and the Charter 
of Baltimore City (1964 Revision) as amended to July 1, 
1973 and any and all amendments thereto, and any and all 
other Acts of the General Assembly of Maryland, and any 
and all ordinances of the Mayor and City Council of Balti- 
more, and any and all rules or regulations in eifect which 
have been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 19, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 19 

No. 601 
(Council No. 1046) 

An Ordinance to amend Shee4 Ne* SHEETS NOS. 48 
AND 58 of the Zoning District Maps of Article 30 of the 
Baltimore City Code (1966 Edition), title "Zoning", 
(Ordinance 1051, approved April 20, 1971) by changing 
from the M-3 Zoning District to the B-3-1 Zoning District 
the property lying north of Pulaski Highway and east of 
Haven Street, as outlined in red on the plats accompany- 
ing this ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet Ne* SHEETS NOS. 48 AND 58 of 
the Zoning District Maps of Article 30 of the Baltimore 
City Code (1966 Edition), title "Zoning", (Ordinance No. 
1051, approved April 20, 1971) be and it is hereby amended 
by changing from the M-3 Zoning District to the B-3-1 
Zoning District the property lying north of Pulaski High- 
way and east of Haven Street, as outlined in red on the plats 
accompanying this ordinance. 

SEC. 2. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following : the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the De- 
partment of Housing and Community Development and the 
Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved December 19, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



20 ORDINANCES Ord. No. 603 

No. 602 
(Council No. 1047) 

An Ordinance granting permission for the establishment, 
maintenance and operation of a drive-in restaurant on 
the property lying north of Pulaski Highway and east 
of Haven Street, as outlined in red on the plats accom- 
panying this ordinance, under the provisions of Sections 
6.3-ld-3 and 11.0-6d of Article 30 of the Baltimore City 
Code (1966 Edition) title "Zoning", as ordained by 
Ordinance 1051, approved April 20, 1971. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted for the 
establishment, maintenance and operation of a drive-in 
restaurant on the property lying north of Pulaski High- 
way and east of Haven Street, as outlined in red on the 
plats accompanying this ordinance, under the provisions 
of Sections 6.3-ld-3 and 11.0-6d of Article 30 of the Balti- 
more City Code (1966 Edition), title "Zoning", as ordained 
by Ordinance 1051, approved April 20, 1971. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 19, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 603 
(Council No. 1323) 

An Ordinance to condemn and close Lee Street, and extend- 
ing from Sharp Street, Westerly 419.5 feet, more or less, 
to the line of the west side of the former bed of Howard 
Street, as condemned and closed in accordance with Ordi- 
nance No. 387 approved August 16, 1909 in accordance 
with a plat thereof numbered 334-A-6, prepared by the 



ORDINANCES 21 

Surveys and Records Division and filed in the Office of the 
Department of Public Works, on the Eleventh (11th) day 
of November, 1977, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn and 
close Lee Street, and extending from Sharp Street, Westerly 
419.5 feet, more or less, to the line of the west side of the 
former bed of Howard Street, as condemned and closed in 
accordance with Ordinance No. 387 approved August 16, 
1909 the street hereby directed to be condemned for said 
closing being described as follows : 

Beginning for the same at the point formed by the inter- 
section of the north side of Lee Street, as now laid out 82.5 
feet wide, and the west side of Sharp Street, as now laid 
out 66 feet wide, and running thence binding on the west 
side of said Sharp Street, Southerly 82.5 feet to the south 
side of said Lee Street ; thence binding on the south side of 
said Lee Street, Westerly 419.5 feet, more or less, to the line 
of the west side of the former bed of Howard Street, 82.5 
feet wide, as condemned and closed in accordance with 
Ordinance No. 387 approved August 16, 1909; thence 
binding on the line of the west side of the former bed of 
said Howard Street, Northerly 82.5 feet to the north side 
of said Lee Street; thence binding on the north side of said 
Lee Street, Easterly 282.5 feet, more or less, to the west side 
of Lee Street, varying in width; thence binding on the west, 
north and east sides of last said Lee Street, the three fol- 
lowing courses and distances; namely, Northerly 3.83 feet, 
Easterly 35 feet and Southerly 3.61 feet to the north side of 
Lee Street, mentioned firstly herein and thence binding on 
the north side of Lee Street, mentioned firstly herein, 
Easterly 102 feet to the place of beginning. 

the said Lee Street as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 334-A-6 which was filed in the 
Office of the Department of Public Works on the Eleventh 
(11th) day of November, in the year 1977 and is now on 
file in the said Office. 



22 ORDINANCES Ord. No. 603 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and ap- 
purtenances now owned by the Mayor and City Council of 
Baltimore, shall be and continue to be the property of the 
Mayor and City Council of Baltimore, in fee simple, until 
the use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, firm 
or corporation shall first obtain permission and permits 
therefor from the Mayor and City Council of Baltimore, and 
shall in the application for such permission and permits 
agree to pay all costs and charges of every kind and nature 
made necessary by such removal, alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall 
have been closed under the provisions of this ordinance 
until the subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore, 
over which said buildings or structures are proposed 
to be constructed or erected shall have been abandoned 
or shall have been removed and relaid in accordance 
with the specifications and under the direction of the 
Director of Public Works of Baltimore City, and at the 
expense of the person or persons or body corporate desiring 
to erect such buildings or structures. Railroad tracks shall 
be taken to be "structures" within the meaning of this 
section. 

Sec. 4. And be it further ordained, That after said 
highway or highways shall have been closed under the 
provisions of this ordinance, all subsurface structures and 
appurtenances owned by any person, firm or corporation, 
other than the Mayor and City Council of Baltimore, shall 
upon notice from the Director of Public Works of Baltimore 
City, be promptly removed by and at the expense of the 
said owners. 

Sec. 5. And be it further ordained, That on and after the 
closing of said highway or highways, the said Mayor and 
City Council of Baltimore, acting through its duly author- 
ized representatives, shall, at all times, have access to said 



ORDINANCES 23 

property and to all subsurface structures and appurtenances 
used by it therein, for the purposes of inspection, mainte- 
nance, repair, alteration, relocation and/or replacement, of 
any or all of said structures and appurtenances, and this 
without permission from or compensation to the owner or 
owners of said land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said Lee Street and the proceed- 
ings and rights of all parties interested or affected thereby, 
shall be regulated by, and be in accordance with, any and all 
applicable provisions of Article 4 of the Code of Public Local 
Laws of Maryland and the Charter of Baltimore City (1964 
Revision) as amended to July 1, 1973 and any and all 
amendments thereto, and any and all other Acts of the 
General Assembly of Maryland, and any and all ordinances 
of the Mayor and City Council of Baltimore, and any and all 
rules or regulations in effect which have been adopted 
by the Director of Public Works and filed with the Depart- 
ment of Legislative Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 23, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 604 
(Council No. 1150) 

An Ordinance to condemn and open, all streets and alleys 
referred to among the Land Records of Baltimore City 
and lying within the Govans Multi-Purpose Center Site 
located at No.'s 5221-5227 York Road in accordance with 
a plat thereof numbered, 332-A-ll, prepared by the Sur- 
veys and Records Division and filed in the Office of the 
Department of Public Works, on the Fourteenth (14th) 
day of July, 1977, and now on file in said office. 



24 ORDINANCES Ord. No. 604 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn, open, 
all streets and alleys referred to among the Land Records of 
Baltimore City and lying within the Govans Multi-Purpose 
Center Site located at No.'s 5221-5227 York Road the streets 
and alleys hereby directed to be condemned for said opening 
being described as follows : 

1 — An alley, 4 feet wide, beginning at a point on the east 
side of York Road at the distance of 72.86 feet southerly, 
measured along the east side of York Road from Glenwood 
Avenue and extending Easterly, 116 feet, more or less, to a 
10 foot alley laid out in the rears of the properties known as 
No.'s 5217% through and including 5227 York Road and 
designated as Parcel No. 1. 

2 — An alley, 2 feet wide, beginning at a point on the east 
side of York Road at the distance of 123.93 feet southerly, 
measured along the east side of York Road from Glenwood 
Avenue and extending, Easterly 115 feet, more or less, to a 
10 foot alley laid out in the rears of the properties known as 
No.'s 52171/2 through and including 5227 York Road and 
designated as Parcel No. 2. 

3 — An alley, 10 feet wide, laid out in the rears of the 
properties known as No.'s 5217V2 through and including 
5227 York Road and extending from Glenwood Avenue, 
Southerly 184 feet, more or less, to the end thereof and 
designated as Parcel No. 3. 

the said alleys as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 332-A-ll which was filed in the 
Office of the Department of Public Works on the Fourteenth 
(14th) day of July in the year 1977, and is now on file in 
said Office. 

Sec. 2. And be it further ordained, That the proceedings 
of said Department of Public Works, with reference to the 
condemnation and opening of said alleys and the proceedings 
and rights of all parties interested or affected thereby, shall 
be regulated by, and be in accordance with, any and all ap- 
plicable provisions of Article 4 of the Code of Public Local 



ORDINANCES 25 

Laws of Maryland and the Charter of Baltimore City (1964 
Revision) as amended to July 1, 1973 and any and all 
amendments thereto, and any and all other Acts of the 
General Assembly of Maryland, and any and all ordinances 
of the Mayor and City Council of Baltimore, and any and 
all rules or regulations in effect which have been adopted 
by the Director of Public Works and filed with the Depart- 
ment of Legislative Reference. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 



Approved December 27, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 605 
(Council No. 1151) 

An Ordinance to condemn and close all streets and alleys 
referred to among the Land Records of Baltimore City 
and lying within the Govans Multi-Purpose Center Site 
located at No.'s 5221-5227 York Road in accordance with 
a plat thereof numbered 332-A-11A, prepared by the 
Surveys and Records Division and filed in the Office of the 
Department of Public Works, on the Fourteenth (14th) 
day of July, 1977, and now on file in said office. 

SECTION 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn and 
close all streets and alleys referred to among the Land 
Records of Baltimore City and lying within the Govans 
Multi-Purpose Center Site located at No.'s 5221-5227 York 
Road the streets and alleys hereby directed to be condemned 
for said closing being described as follows : 

1 — An alley, 4 feet wide, beginning at a point on the 
east side of York Road at the distance of 72.86 feet souther- 
ly, measured along the east side of York Road from Glen- 



26 ORDINANCES Ord. No. 605 

wood Avenue and extending Easterly, 116 feet, more or less, 
to a 10 foot alley laid out in the rears of the properties 
known as No.'s 5217 V& through and including 5227 York 
Road and designated as Parcel No. 1. 

2 — An alley, 2 feet wide, beginning at a point on the east 
side of York Road at the distance of 123.93 feet southerly, 
measured along the east side of York Road from Glenwood 
Avenue and extending, Easterly 115 feet, more or less, to a 
10 foot alley laid out in the rears of the properties known as 
No.'s 52171/2 through and including 5227 York Road and 
designated as Parcel No. 2. 

3 — An alley, 10 feet wide, laid out in the rears of the 
properties known as No.'s 5217% through and including 
5227 York Road and extending from Glenwood Avenue, 
Southerly 184 feet, more or less, to the end thereof and 
designated as Parcel No. 3. 

the said alleys as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 332-A-11A which was filed 
in the Office of the Department of Public Works on the 
Fourteenth (14th) day of July, in the year 1977 and is now 
on file in the said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provisions 
of this Ordinance, all subsurface structures and appurten- 
ances now owned by the Mayor and City Council of Balti- 
more, shall be and continue to be the property of the Mayor 
and City Council of Baltimore, in fee simple, until the use 
thereof shall be abandoned by the Mayor and City Council 
of Baltimore, and in the event that any person, firm or cor- 
poration shall first obtain permission and permits therefor 
from the Mayor and City Council of Baltimore, and shall 
in the application for such permission and permits agree 
to pay all costs and charges of every kind and nature made 
necessary by such removal, alternation or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 



ORDINANCES 27 

shall have been closed under the provisions of this ordinance 
until the sub-surface structures and appurtenances now- 
owned by the Mayor and City Council of Baltimore, over 
which said buildings or structures are proposed to be con- 
structed or erected shall have been abandoned or shall have 
been removed and relaid in accordance with the specifica- 
tions and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such buildings 
or structures. Railroad tracks shall be taken to be "struc- 
tures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said high- 
way or highways shall have been closed under the provisions 
of this ordinance, all subsurface structures and appurten- 
ances owned by any person, firm or corporation, other than 
the Mayor and City Council of Baltimore, shall upon notice 
from the Director of Public Works of Baltimore City, be 
promptly removed by and at the expense of the said owners. 

Sec. 5. And be it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and appur- 
tenances used by it therein, for the purposes of inspection, 
maintenance, repair, alteration, relocation and/or replace- 
ment, of any or all of said structures and appurtenances, 
and this without permission from or compensation to the 
owner or owners of said land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said alleys and the proceedings 
and rights of all parties interested or affected thereby, shall 
be regulated by, and be in accordance with, any and all 
applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore City 
(1964 Revision) as amended to July 1, 1973 and any and 
all amendments thereto, and any and all other Acts of the 
General Assembly of Maryland, and any and all ordinances 
of the Mayor and City Council of Baltimore, and any and all 
rules or regulations in effect which have been adopted by 



28 ORDINANCES Ord. No. 606 

the Director of Public Works and filed with the Department 
of Legislative Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 27, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 606 
(Council No. 711) 

An Ordinance to condemn and close Danville Avenue, 70 
feet wide, and extending from Clinton Street, Westerly 
929 feet, more or less, to the Bulkhead Line of the North- 
west Branch Patapsco River in accordance with a plat 
thereof numbered 328-A-24, prepared by the Surveys and 
Records Division and filed in the Office of the Depart- 
ment of Public Works, on the Twenty-Seventh (27th) 
day of December, 1976, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, 
and they are hereby authorized and directed to condemn 
and close Danville Avenue, 70 feet wide, and extending 
from Clinton Street, Westerly 929 feet, more or less, to the 
Bulkhead Line of the Northwest Branch Patapsco River 
the street hereby directed to be condemned for said closing 
being described as follows: 

Beginning for the same at the point formed by the inter- 
section of the west side of Clinton Street, as now laid out 
70 feet wide and the south side of Danville Avenue, 70 feet 
wide and running thence binding on the south side of 
said Danville Avenue, Westerly 929 feet, more or less, to 
intersect the Bulkhead Line of the Northwest Branch 
Patapsco River; thence binding on said Bulkhead Line, 
Northerly 70 feet to intersect the north side of Danville 
Avenue; thence binding on the north side of said Danville 



ORDINANCES 29 

Avenue, Easterly 929 feet, more or less, to intersect the 
west side of said Clinton Street and thence binding on the 
west side of said Clinton Street, Southerly 70 feet to the 
place of beginning. 

The said Danville Avenue as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore City and delineated and 
particularly shown on a plat numbered 328-A-24 which was 
filed in the Office of the Department of Public Works on 
the Twenty-Seventh (27th) day of December in the year 
1976, and is now on file in the said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and ap- 
purtenances now owned by the Mayor and City Council of 
Baltimore, shall be and continue to be the property of the 
Mayor and City Council of Baltimore, in fee simple, until 
the use thereof shall be abandoned by the Mayor and City 
Council of Baltimore, and in the event that any person, 
firm or corporation shall desire to remove, alter or interfere 
therewith, such person, firm or corporation shall first obtain 
permission and permits therefor from the Mayor and City 
Council of Baltimore, and shall in the application for such 
permission and permits agree to pay all costs and charges 
of every kind and nature made necessary by such removal, 
alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordi- 
nance until the subsurface structures and appurtenances 
over which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the spe- 
cifications and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such build- 
ings or structures. Railroad tracks shall be taken to be 
"structures" within the meaning of this section. 



30 ORDINANCES Ord. No. 607 

Sec. 4. And be it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and ap- 
purtenances used by it therein, for the purposes of inspec- 
tion maintenance, repair, alteration, relocation and/or re- 
placement, of any or all of said structures and appurte- 
nances, and this without permission from or compensation 
to the owner or owners of said land. 

Sec. 5. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said Danville Avenue and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of 
Baltimore City (1964 Revision) as amended to July 1, 1973 
and any and all amendments thereto, and any and all other 
Acts of the General Assembly of Maryland, and any and all 
ordinances of the Mayor and City Council of Baltimore, 
and any and all rules or regulations in effect which have 
been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

Sec. 6. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 29, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 607 
(Council No. 998) 

An Ordinance providing for one-way eastbound traffic on 
the first alley west of Walther Avenue from Hilltop 
Avenue to Walther Avenue. 



ORDINANCES 31 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That on the first alley west of Walther Avenue, 
from Hilltop Avenue to Walther Avenue, traffic shall be 
one-way eastbound. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect on the day of its passage. 

Approved December 29, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 608 
(Council No. 1286) 

An Ordinance authorizing the acquisition by purchase or 
condemnation by the Mayor and City Council of Balti- 
more of the fee simple interests or such other interests 
as the Director of The Department of Public Works may 
deem necessary or sufficient, in and to certain pieces or 
parcels of land situate in Baltimore City, for public high- 
way purposes, namely for the opening, widening, grading, 
construction and maintenance of Wells Street, extending 
from Charles Street, Easterly 332.46 feet to Marshall 
Street and authorizing the acquisition by purchase or 
condemnation of any property, rights, interests, ease- 
ments and/or franchises necessary in the opening, widen- 
ing, grading, construction and maintenance of said Wells 
Street; and authorizing the making of all necessary agree- 
ments concerning said Wells Street; and authorizing the 
construction of said Wells Street; the location and course 
of said Wells Street being shown on a plat thereof num- 
bered 117-A-8A, prepared by the Surveys and Records 
Division and filed in the Office of the Director of The 
Department of Public Works on the Nineteenth (19th) 
day of August, 1977. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is necessary to acquire by purchase 
or condemnation for public highway purposes, namely, for 



32 ORDINANCES Ord. No. 608 

the opening, widening, grading, construction and mainte- 
nance of Wells Street, extending from Charles Street, East- 
erly 332.46 feet to Marshall Street; the fee simple interests 
or such other interests as the Director of The Department 
of Public Works may deem necessary, in and to the pieces 
or parcels of land, situate in Baltimore City, including the 
improvements thereon, bounded as follows : 

Beginning for the same at the point formed by the inter- 
section of the east side of Charles Street, as now laid out 
66 feet wide, and the south side of Wells Street, varying in 
width, said point of beginning being the beginning of the 
parcel of land conveyed by Charles Realty Corp. to The 
Susquehanna Terminal Co. by deed dated October 24, 1963 
and recorded among the Land Records of Baltimore City 
in Liber J.F.C. No. 1583, Folio 46, and running thence 
binding on part of the first line of the parcel of land 
described in said deed, and on the east side of said Charles 
Street, there situate, South 03°-03'-50" East 39.38 feet; 
thence for new lines of division through the parcel of land 
described in said deed, the four following courses and dis- 
tances; namely, North 86°-55'-20" East 1.28 feet, by a line 
curving to the left with a radius of 529.84 feet the distance 
of 132.78 feet which arc is subtended by a chord bearing 
North 79°-44'-34.75" East 132.43 feet, by a line curving to 
the right with a radius of 588.53 feet the distance of 148.86 
feet which arc is subtended by a chord bearing North 79°- 
48'-35.25" East 148.46 feet and North 87°-03 / -21" East 
51.80 feet to intersect the west side of Marshall Street, as 
now laid out 20 feet wide; thence binding on part of the 
eighth line of the parcel of land described in said deed, to 
the end thereof, and on the west side of said Marshall 
Street, there situate, North 07°-31'-50" East 3.70 feet to 
intersect the south side of said Wells Street and thence 
binding on the last line of the parcel of land described in 
said deed, and on the south side of said Wells Street, there 
situate, South 87°-05'-00" West 332.46 feet to the place of 
beginning. 

Containing 6128.11 square feet or 0.1407 acre of land, 
more or less. 

All courses and distances in the above description are 
referred to the true meridian as adopted by the Balti- 
more Survey Control System. 



ORDINANCES 33 

Including all property, rights, interests, easements and/ 
or franchises necessary in the opening, widening, grading, 
construction and maintenance of said Wells Street, the loca- 
tion and course of said Wells Street being shown on a plat 
thereof numbered 117-A-8A, prepared by the Surveys and 
Records Division and filed in the office of The Director of 
The Department of Public Works on the Nineteenth (19th) 
day of August, 1977. 

Any mention of reference to any streets, roads, avenues, 
highways or alleys in this ordinance or on the plat referred 
to herein are for the purpose of description only, and shall 
not be held or taken to be any evidence whatever that said 
streets, roads, avenues, highways, alleys or any of them, 
are public, dedicated or private thoroughfares. 

Sec. 2. And be it further ordained, That the Director of 
The Department of Public Works or the person or persons 
the Board of Estimates of Baltimore City may hereafter 
from time to time designate, is or are hereby authorized to 
acquire on behalf of the Mayor and City Council of Balti- 
more, and for the purposes described in this ordinance, the 
fee simple interests or such other interests as the said 
Director may deem necessary or sufficient, in and to said 
pieces or parcels of land and improvements thereupon, 
including all property, rights, interests, easements and/or 
franchises necessary in the opening, widening, grading, 
construction and maintenance of said Wells Street. If the 
said Director of The Department of Public Works, or per- 
son or persons the Board of Estimates of Baltimore City 
may designate are unable to agree with the owner or owners 
on the purchase price of any of the said pieces or parcels 
of land and improvements thereupon or for any of the said 
properties, rights, interests, easements and/or franchises, 
they shall forthwith notify the City Solicitor of Baltimore 
City who shall thereupon institute in the name of the Mayor 
and City Council of Baltimore the necessary legal proceed- 
ings to acquire by condemnation the fee simple interests or 
such other rights, interests, easements and/or franchises 
as the said Director may deem necessary or sufficient for 
the purposes of said Wells Street Project. 

Sec. 3. And be it further ordained, That the proceedings 
for the acquisition by condemnation of the property and 



34 ORDINANCES Ord. No. 609 

rights herein described and the rights of all parties inter- 
ested or affected thereby shall be regulated by and be in 
accordance with the provisions of The Real Property Article 
of the Annotated Code of Maryland (1974), Title 12, 
Section 101 Et Seq. and any and all amendments thereto. 

Sec. 4. And be it further ordained, That the said Director 
of The Department of Public Works or person or persons 
the Board of Estimates of Baltimore City may designate 
are also hereby authorized to negotiate for and to enter into 
in the name of the Mayor and City Council of Baltimore, 
any and all necessary agreements with the Federal and 
State Governments, or any of their agencies, and any other 
persons, firms or corporations, in aid of, in furtherance of, 
or in connection with said Wells Street Project; all such 
acquisitions and agreements to be subject to the approval 
of the Board of Estimates. 

Sec. 5. And be it further ordained, That after the neces- 
sary agreements have been made and the necessary proper- 
ties, lands, rights, easements and/or franchises have been 
acquired as hereinbefore provided, the Director of The 
Department of Public Works of Baltimore City is hereby 
authorized and directed to construct or cause to be con- 
structed the said Wells Street Project, all in accordance 
with detailed plans hereafter to be prepared therefore and 
after said plans have been approved by the said Director of 
The Department of Public Works. 

Sec. 6. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved December 29, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 609 
(Council No. 1162) 

An Ordinance to authorize the use of the property known 
as 2927 Hollins Ferry Road and a portion of 2925 Hollins 



ORDINANCES 35 

Ferry Road, as outlined in red on the plats accompanying 
this ordinance, for an open air off-street parking facility 
in the R-6 District, pursuant to Sections 4.6-ld and 11.0- 
6d of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "The Zoning Ordinance of Baltimore City" 
(Ordinance No. 1051) approved April 20, 1971. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the property known as 2927 Hollins 
Ferry Road and a portion of 2925 Hollins Ferry Road, as 
outlined in red on the plats accompanying this ordinance, 
be and it is hereby authorized for use as an open air off- 
street parking facility in the R-6 District, pursuant to 
Sections 4.6-ld and 11.0-6d of Article 30 of the Baltimore 
City Code (1966 Edition), title "The Zoning Ordinance of 
Baltimore City" (Ordinance No. 1051 approved April 20, 
1971). 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat, and when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following : the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the De- 
partment of Housing and Community Development, the 
Commissioner of Transit and Traffic, and the Zoning Ad- 
ministrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved December 27, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



36 ORDINANCES Ord. No. 610 

No. 610 
(Council No. 1298) 

An Ordinance to repeal and reordain, with amendments, 
subsection (a) of Section 8 of Article 22 of the Baltimore 
City Code (1966 Edition), as amended by Ordinance 3058, 
approved December 1, 1975, title "Retirement Systems," 
subtitle "Employees' Retirement System," reducing the 
Mandatory contribution rate for members. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That subsection (a) of Section 8 of Article 
22 of the Baltimore City Code (1966 Edition), as amended 
by Ordinance 1058, approved December 1, 1975, title 
"Retirement Systems," subtitle "Employees' Retirement 
System," be and it is hereby repealed and reordained, with 
amendments, to read as follows : 

Section 8 (a) Annuity Savings Fund. (1) The Annuity 
Savings Fund shall be a fund in which shall be accumulated 
contributions from the compensation of members to provide 
for their annuities. Effective with the first full payroll 
period commencing closest to [July 1, 1973] January 1, 
1978, the contributions by a member to the Retirement Sys- 
tem shall equal [six percent (6%)] five percent (5%) 
of his earnable compensation, such contributions to continue 
throughout such member's entire period of service, sub- 
ject to the provisions in Section 8(a) (2). Provided, how- 
ever, that a male member in the system prior to July 1, 
1973, who is contributing at a rate of contribution which is 
less than [six per cent (6%)] five percent (5%) shall con- 
tinue to contribute at his present rate; and provided, fur- 
ther, that a female in the system prior to July 1, 1973, shall 
contribute at the rate of contribution in effect prior to 
July 1, 1973, for a male member of corresponding age at the 
time of entrance into the system, unless said rate exceeds 
[six percent (6%)] five percent (5%), in which event her 
contribution shall equal [six percent (6%) J five percent 
(5%) of her earnable compensation. "Earnable compensa- 
tion" shall be as denned in Section 1, paragraph (11) of 
this subtitle. 



ORDINANCES 37 

Sec. 2. And be it further ordained, That in the event it be 
judicially determined that any word, phrase, clause, sen- 
tence, paragraph, section or part in this ordinance or the 
application thereof to any person or circumstances is invalid, 
the remaining provisions and the application of such pro- 
visions to other persons or circumstances shall not be 
affected hereby, the Mayor and City Council hereby declar- 
ing that they would have ordained the remaining provisions 
of this ordinance without the word, phrase, clause, sentence, 
paragraph, section or part or the application thereof so held 
invalid, and to this end the provisions of this ordinance are 
declared to be severable. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect on and from January 1, 1978. 

Approved December 27, 1977. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 611 
(Council No. 1223) 

An Ordinance to amend the Inner Harbor Project I Renewal 
Plan which was approved by the Mayor and City Council 
of Baltimore by Ordinance No. 1045 approved June 15, 
1967 and amended by Ordinance 244, approved July 23, 
1968, Minor Plan Amendment, approved June 4, 1969, 
Ordinance 658, approved December 18, 1969, and Ordi- 
nance 837, approved June 18, 1970, by Minor Plan Amend- 
ment, approved December 15, 1971, by Minor Plan 
Amendment, approved January 23, 1974, and by Ordi- 
nance 986, approved September 15, 1975, with regard to: 
(1) Section V — Standards and Controls — Paragraph P 
development area controls revising controls for develop- 
ment areas 13, 15, and 15a, eliminating development areas 
15b and 4£e 15D and revising Exhibits B and C accord- 
ingly. 

Whereas, the Inner Harbor Project I Renewal Plan was 
approved by the Mayor and City Council of Baltimore by 



38 ORDINANCES Ord. No. 611 

Ordinance No. 1045 approved June 15, 1967 and amended 
by Ordinance 244, approved July 23, 1968, Minor Plan 
Amendment, approved June 4, 1969, Ordinance 658, ap- 
proved December 18, 1969, and Ordinance 837, approved 
June 18, 1970, by Minor Plan Amendment, approved Decem- 
ber 15. 1971. by Minor Plan Amendment, approved January 
23, 1974, and by Ordinance 986, approved September 15, 
1975; and 

Whereas, no substantial change or changes may be made 
in the Inner Harbor Project I Renewal Plan, without such 
change or changes being first adopted by the Director of the 
Department of Planning of Baltimore and adopted by an 
ordinance of the Mayor and City Council of Baltimore, and 

Whereas, the Department of Housing and Community 
Development desires to amend the Inner Harbor Project 
I Renewal Plan with regard to: (1) Section V Standards 
and Controls — Paragraph P Development Area Controls 
Revising Controls For Development Areas 13, 15, and 15a, 
eliminating Development Areas 15b and 45e 15D and re- 
vising Exhibits B and C accordingly. 

Whereas, the following amendments were approved by 
the Director of the Department of Planning of Baltimore on 
October 13, 1977 and were approved and recommended to 
the City Council by the Department of Housing and Com- 
munity Development; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendments to the Inner 
Harbor Project I Renewal Plan (hereinafter referred to as 
"Plan") having been duly reviewed and considered are 
hereby approved and the Clerk of the City Council is hereby 
directed to file a copy of said amendments with the Depart- 
ment of Legislative Reference as a permanent public record 
and make the same available for public inspection and in- 
formation: 

(a) In Section V, Standards and Controls, Paragraph P, 
Development Area Controls : 

-(44 doloto "Development Area 43 m its entirety a»4 *a- 
se*t m lieu thereof the following; 



ORDINANCES 39 

"Development Area 43 

&7 General Use-? Commoroial 

fer Building Requirements : 

ir Maximum Permitted Height: Elevation 5Q leet? exeept 
fee limited extensions el specialized construction, as may fee 
approved by the Agency. 

iir Vehicular Access: Assess will fee permitted from the 
surrounding Streets through Development Area 45? m sueh 
a manner as may fee approved fey the Department. 

iiir Parking: £Pe Parking permitted except fea? special 
uses as may fee approved fey the Department." 

(1) ON PAGE 16 OF THE PLAN, DELETE DEVEL- 
OPMENT AREA 13 IN ITS ENTIRETY AND INSERT 
IN LIEU THEREOF THE FOLLOWING: 

DEVELOPMENT AREA 13 

A. GENERAL USE : COMMERCIAL 

B. BUILDING REQUIREMENTS: 

I. MAXIMUM PERMITTED HEIGHT: ELEVATION 
50 FEET, EXCEPT FOR LIMITED EXTENSIONS OF 
SPECIALIZED CONSTRUCTION, AS MAY BE AP- 
PROVED BY THE DEPARTMENT. 

II. VEHICULAR ACCESS: ACCESS WILL BE PER- 
MITTED FROM THE SURROUNDING STREETS 
THROUGH DEVELOPMENT AREA 15, IN SUCH A 
MANNER AS MAY BE APPROVED BY THE DEPART- 
MENT. 

III. PARKING: NO PARKING PERMITTED EX- 
CEPT FOR SPECIAL USES AS MAY BE APPROVED 
BY THE DEPARTMENT. 

IV. PLANNING REVIEW: ALL PRELIMINARY 
AND FINAL PLANS FOR DEVELOPMENT AREA 13 
SHALL BE SUBJECT TO REVIEW AND COMMENT 
BY AN AD HOC ADVISORY TASK FORCE (HERE- 
INAFTER CALLED TASK FORCE) WHICH SHALL 
BE ESTABLISHED BY THE COMMISSIONER OF THE 
DEPARTMENT OF HOUSING AND COMMUNITY DE- 



40 ORDINANCES Ord. No. 611 

VELOPMENT TO PROVIDE CITIZEN INPUT INTO 
THE DESIGN PROCESS FOR THE IMPROVEMENTS 
TO BE CONSTRUCTED WITHIN SAID DEVELOP- 
MENT AREA. THE SIZE AND COMPOSITION OF THE 
SAID TASK FORCE SHALL BE DETERMINED BY 
THE COMMISSIONER AT HIS SOLE DISCRETION, 
EXCEPT THAT THE TASK FORCE SHALL INCLUDE 
TWO REPRESENTATIVES OF THE CITY COUNCIL 
WHO SHALL BE APPOINTED BY THE PRESIDENT. 
THE DEPARTMENT SHALL RETAIN FINAL AU- 
THORITY TO APPROVE OR DISAPPROVE ALL PRO- 
POSED PLANS FOR SAID AREA. 

(2) I» ON PAGE 16 OF THE PLAN, IN Development 
Area 15 delete paragraph b — Building Requirements and 
insert in lieu thereof the following: 

"b. Building Requirements: No building construction 
will be permitted at or above grade level except for that 
which is related and incidental to the General Use of this 
Development Area, and which is approved by the Agency; 
provided that vehicular circulation, other than access to 
Development areas is prohibited and provided further, that 
parking at or above grade is prohibited except for limited 
short-term surface parking as may be approved by the De- 
partment." 

C. OPEN SPACE: DEVELOPMENT AREA 15 IS 
HEREBY DEDICATED PERPETUALLY AS PUBLIC 
OPEN SPACE SO AS TO BE FOREVER AVAILABLE 
FOR PUBLIC USE AS DEFINED IN SECTION IV, 
PARAGRAPH B, 2, E HEREIN. 

•(&)• ift Development Area 45a? delete the entire para 
graph fer Building Requirements, a«4 insert m lieu- thereof 
the following: 

^ ir Maximum Permitted Height : Elevation 50 feety 
except £&£ limited extensions e£ specialized construction, 
as may fee approved fey the Agency. 

iir Vehicular Access: Access w41i fee permitted from the 
surrounding streets through Area 45? i» sueh a manner 
as may fee approved fey the Department. 

iiir Parking: Ne parking permitted, except fe* spoeial 
uses as may fee approved fey the Department." 



ORDINANCES 41 

(3) ON PAGE 16 OF THE PLAN, DELETE DEVEL- 
OPMENT AREA 15A, IN ITS ENTIRETY AND INSERT 
IN LIEU THEREOF THE FOLLOWING: 

DEVELOPMENT AREA 15 A 

A. GENERAL USE: COMMERCIAL 

B. BUILDING REQUIREMENTS: 

I. MAXIMUM PERMITTED HEIGHT: ELEVATION 
50 FEET, EXCEPT FOR LIMITED EXTENSIONS OF 
SPECIALIZED CONSTRUCTION, AS MAY BE AP- 
PROVED BY THE DEPARTMENT. 

II. VEHICULAR ACCESS: ACCESS WILL BE PER- 
MITTED FROM THE SURROUNDING STREET 
THROUGH AREA 15, IN SUCH A MANNER AS MAY 
BE APPROVED BY THE DEPARTMENT. 

III. PARKING: NO PARKING PERMITTED EX- 
CEPT FOR SPECIAL USES AS MAY BE APPROVED 
BY THE DEPARTMENT. 

IV. PLANNING REVIEW: ALL PRELIMINARY 
AND FINAL PLANS FOR DEVELOPMENT AREA 15A 
SHALL BE SUBJECT TO REVIEW AND COMMENT 
BY AN AD HOC ADVISORY TASK FORCE (HERE- 
INAFTER CALLED TASK FORCE) WHICH SHALL 
BE ESTABLISHED BY THE COMMISSIONER OF THE 
DEPARTMENT OF HOUSING AND COMMUNITY DE- 
VELOPMENT TO PROVIDE CITIZEN INPUT INTO 
THE DESIGN PROCESS FOR THE IMPROVEMENTS 
TO BE CONSTRUCTED WITHIN SAID DEVELOP- 
MENT AREA. THE SIZE AND COMPOSITION OF THE 
SAID TASK FORCE SHALL BE DETERMINED BY 
THE COMMISSIONER AT HIS SOLE DISCRETION, 
EXCEPT THAT THE TASK FORCE SHALL INCLUDE 
TWO REPRESENTATIVES OF THE CITY COUNCIL 
WHO SHALL BE APPOINTED BY THE PRESIDENT. 
THE DEPARTMENT SHALL RETAIN FINAL AU- 
THORITY TO APPROVE OR DISAPPROVE ALL PRO- 
POSED PLANS FOR SAID AREA. 

(4) Delete ON PAGE 17 OF THE PLAN, DELETE 
Development Area 15b in its entirety. 



42 ORDINANCES Ord. No. 612 

(5) delete ON PAGE 18 OF THE PLAN, DELETE 

Development Area 15d in its entirety. 

(b) Delete Exhibits B and C and insert in lieu thereof 
new Exhibits B and C as revised October 11, 1977. 

(C) ON PAGE 9 OF THE PLAN, IN SECTION V, 
STANDARDS AND CONTROLS, DELETE PARAGRAPH 
D— SERVICING— IN ITS ENTIRETY AND INSERT IN 
LIEU THEREOF THE FOLLOWING: 

D. SERVICING: 

ALL SERVICING SHALL BE OFF STREET, AND 
EXCEPT WITH RESPECT TO DEVELOPMENT AREAS 
13 AND 15A AND TO THE PROPERTIES NOT TO 
BE ACQUIRED, SHALL BE WITHIN STRUCTURES 
AND ROOFED, SO AS TO BE SCREENED FROM 
PUBLIC VIEW. LOADING DOCKS WILL BE PRO- 
VIDED AND MAINTAINED IN ACCORDANCE WITH 
THE BUILDING CODE OF BALTIMORE CITY. OPEN- 
AIR STORAGE OF EQUIPMENT, MERCHANDISE, 
AND MATERIALS IS PROHIBITED, EXCEPT IN DE- 
VELOPMENT AREAS 17A AND 25. OUTSIDE EX- 
HIBIT OR DISPLAY OF MERCHANDISE IS PROHIB- 
ITED EXCEPT WHERE SPECIFICALLY PERMITTED 
BY THE DEPARTMENT. 

SEC. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 8, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 612 

(Council No. 1122) 

An Ordinance to add new Section 37(p-9) to Article 1 of the 
Baltimore City Code (1966 Edition), title "Mayor, City 
Council and Municipal Agencies", subtitle "Commission 



ORDINANCES 43 

for Historic and Architectural Preservation", to follow 
immediately after Section 37(p-8) thereof, adding the 
2000 block of Mt. Royal Terrace to the Mt. Royal Terrace 
— Reservoir Hill Historic and Architectural Preservation 
District. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 37(p-9) be and it is hereby 
added to Section 37 of Article 1 of The Baltimore City Code 
(1966 Edition), Title "Mayor, City Council and Munici- 
pal Agencies", Subtitle "Commission for Historic and Archi- 
tectural Preservation", to follow immediately after Section 
37 (p-8) thereof and to read as follows : 

87. 

(p-9) The parcel of land located with the boundaries set 
forth in this subsection are hereby declared to be within 
the Mt. Royal Terrace — Reservoir Hill Historic and Archi- 
tectural Preservation District. 

Beginning for the same at the point formed by the inter- 
section of the west side of Mt. Royal Terrace, and the north 
side of Lennox Street and running thence binding on the 
west side of said Mt. Royal Terrace, Northerly 313 feet, 
more or less, to intersect the south side of Reservoir Street; 
thence binding on the south side of said Reservoir Street, 
Westerly 120 feet, more or less, to the east side of a 10 foot 
alley; thence binding on the east side of said 10 foot alley, 
Southerly 78.5 feet, more or less, to the southernmost ex- 
tremity of said 10 foot alley and to the north outline of the 
property known as No. 2022 Mt. Royal Terrace, there sit- 
uate; thence binding on the north outline of said property, 
Westerly 58 feet, more or less, to the east side of a 15 foot 
alley; thence binding on the east side of said 15 foot alley, 
Southerly 156 feet, more or less, to the south outline of the 
property known as No. 2008 Mt. Royal Terrace; thence 
binding on the south outline of last said property, Easterly 
60 feet, more or less, to the east side of a 10 foot alley; 
thence binding on the east side of said 10 foot alley, South- 
erly 78 feet, more or less, to intersect the north side of said 
Lennox Street and thence binding on the north side of 
said Lennox Street, Easterly 118 feet, more or less, to the 
place of beginning. 



44 ORDINANCES Ord. No. 613 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 8, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 613 
(Council No. 1132) 

An Ordinance to authorize the use of the properties known 
as 4042 4021-4027 Frederick Avenue, as outlined in red on 
the plats accompanying this ordinance, for an open air 
off -street parking facility in the B-2-2 District, pursuant 
to Sections 6.2-ld and 11.0-6d of Article 30 of the Bal- 
timore City Code (1966 Edition), title "The Zoning 
Ordinance of Baltimore City" (Ordinance No. 1051) ap- 
proved April 20, 1971. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the properties known as 4021-4027 
Frederick Avenue, as outlined in red on the plats accom- 
panying this ordinance, be and they are hereby authorized 
for use as an open air Off-street parking facility in the 
B-2-2 District, pursuant to Sections 11.0-6d and 6.2-ld of 
Article 30 of the Baltimore City Code (1966 Edition), title 
"The Zoning Ordinance of Baltimore City" (Ordinance No. 
1051) approved April 20, 1971. 

Sec. 2. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the 
Zoning Ordinance, the President of the City Council shall 
sign the plat, and when the Mayor approves the ordinance, 
he shall sign the plat. The City Treasurer shall then trans- 
mit a copy of the ordinance and one of the plats to the fol- 
lowing: the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of the Department 



ORDINANCES 45 

of Housing and Community Development, the Commis- 
sioner of Transit and Traffic, and the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 8, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 614 
(Council No. 1185) 

An Ordinance to amend Sheet No. 24 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the R-7 Zoning District 
to the M-l-1 Zoning District the property located on the 
south side of Cox Street 156 feet west of conduit Avenue, 
as outlined in red on the plats accompanying this ordi- 
nance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 24 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "Zoning", (Ordinance No. 1051, approved April 
20, 1971) be and it is hereby amended by changing from the 
R-7 Zoning District to the M-l-1 Zoning District the prop- 
erty located on the south side of Cox Street 156 feet west 
of Conduit Avenue, as outlined in red on the plats accom- 
panying this ordinance. 

Sec. 2. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part thereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat, and when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to the 



46 ORDINANCES Ord. No. 615 

following : the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development and the Zon- 
ing Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 8, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 615 
(Council No. 1354) 

An Ordinance to amend the Urban Renewal Plan for the 
Mid-Town Belvedere Area, which plan was approved by 
Ordinance No. 1037, dated December 1, 1975 to, among 
other things, (1) authorize the acquisition by purchase or 
by condemnation by the Mayor and City Council of Bal- 
timore, for Urban Renewal purposes of certain proper- 
ties; (2) revise certain exhibits attached to said plan to 
indicate the changes provided therein; and (3) provide 
for an effective date hereof. 

Whereas, a Renewal Plan for Mid-Town Belvedere was 
approved by the Mayor and City Council of Baltimore by 
Ordinance No. 1037, dated December 1, 1975, and last 
amended by Ordinance No. 374, dated June 28, 1977; and 

Whereas, pursuant to Section 26, Article 13 of the Balti- 
more City Code (1966 Edition) as amended by Ordinance 
No. 152 approved June 28, 1968, and Ordinance No. 325 
dated May 31, 1977, no substantial change or changes shall 
be made in any Renewal Plan, after approval by ordinance, 
without such change or changes first being adopted and 
approved in the same manner as set forth in said Section 
26 for the approval of a Renewal Plan, namely the prepara- 
tion of such change or changes by the Department of Hous- 
ing and Community Development, the approval of such 
change or changes by the Director of the Department of 



ORDINANCES 47 

Planning, and approval and adoption by an ordinance of the 
Mayor and City Council of Baltimore after a public hearing 
in relation thereto, all in the manner set forth in said 
Section 26; and 

Whereas, the Department of Housing and Community 
Development has prepared a list of changes to the Renewal 
Plan for Mid-Town Belvedere, known as "Amendment No. 3 
to the Urban Renewal Plan for Mid-Town Belvedere" dated 
"December 6, 1977"; and 

Whereas, said Amendment No. 3 to the Renewal Plan for 
Mid-Town Belvedere has been approved by the Director 
of the Department of Planning on December 8, 1977, with 
respect to its conformity as to the Master Plan; the detailed 
location of any public improvements proposed in the 
amended Renewal Plan; its conformity to the rules and 
regulations for subdivisions; and all zoning changes pro- 
posed in the amended Renewal Plan, and said Amendment 
No. 3 to the Renewal Plan has been approved and recom- 
mended to the Mayor and City Council of Baltimore by the 
Commissioner of the Department of Housing and Com- 
munity Development on December 8, 1977; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendment and changes to 
the Renewal Plan for the Mid-Town Belvedere Urban Re- 
newal Area having been duly reviewed and considered, are 
hereby approved, and the Clerk of the City Council is hereby 
directed to file a copy of said Renewal Plan revised to include 
Amendment No. 3, dated December 6, 1977, with the De- 
partment of Legislative Reference as a permanent public 
record and make the same available for public inspection and 
information. 

1. In the Table of Contents, page i, section entitled 
"Purposes for Acquiring Properties Within the Project 
Area", change the paragraph reference from "C.l.z." to 
read"C.l.a." 

2. In the Table of Contents, page ii, section entitled 
"EXHIBITS", delete the dates of the maps for Exhibits 2 
and 3 from "2/14/77" and insert in lieu thereof "12/6/77". 

3. In Section D., entitled "PROCEDURES FOR 
CHANGES IN APPROVED PLAN," page 8, line 4, delete 



48 ORDINANCES Ord. No. 615 

the words "City Planning Commission" and insert in lieu 
thereof "Director of the Department of Planning". 

4. In Appendix A, entitled "NON-COMPLYING USES", 
page 10, delete the following properties and their respective 
uses: 

1202 N. Charles Street Palmist 

1210 N. Charles Street Massage Parlor 

1216 N. Charles Street Massage Parlor 

1220 N. Charles Street Book Store 

1222 N. Charles Street Massage Parlor 

1301 N. Charles Street Novelty Store, Photo Studio 

138 W. Read Street Massage Parlor 

5. Delete Exhibits 2 and 3, dated 2/14/77, from the 
Plan and insert in lieu thereof revised Exhibits 2 and 3, 
dated 12/6/77. 



SEC. 2. And be it further ordained, That it is necessary to 
acquire, by purchase or by condemnation for urban renewal 
purposes, the fee simple interest or any lesser interest in 
and to certain properties or portions thereof, together with 
all right, title, interest, and estate that the owner or owners 
of said property interests may have in all streets, alleys, 
ways or lanes, public or private, both abutting the whole 
area described and/or contained within the perimeter of 
said area, situate in Baltimore City, Maryland, and de- 
scribed as follows : 

1 OAQ l\T«-» -fTT"lo>->/3 A TTftYIHA 

iuuu nin iuiiu u.a. » nnra 

THE PROPERTY FORMERLY KNOWN AS 1203 
MARYLAND AVENUE, NOW KNOWN AS THE REAR 
PORTION OF 36 W. BIDDLE STREET 

1205 Maryland Avenue 
1207 Maryland Avenue 
1209-1223 Maryland Avenue 

1 OAO T\/T^v.f^y> QfvAAf 
XBvB AV-HJj. vvii %*} VI. x^w v 

1204 Morton Street 

1206 Morton Street 



ORDINANCES 49 

138-148 W. Mount Royal Avenue 

12 E. Preston Street 
14 E. Preston Street 
32 E. Preston Street 
34 E. Preston Street 

Sec. 3. And be it further oradined, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore City Charter, may 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and City Council of Balti- 
more and for the purposes described in this ordinance, the 
fee simple interest or any lesser interest in and to the 
properties or portions thereof hereinabove mentioned. If 
the said Real Estate Acquisition Division of the Department 
of the Comptroller, or such person or persons, and in such 
manner as the Board of Estimates in the exercise of the 
power vested in it by Article V, Section 5, of the Baltimore 
City Charter, may hereafter from time to time designate, 
is or are unable to agree with the owner or owners on the 
purchase price for said properties or portions thereof, it 
or they shall forthwith notify the City Solicitor of Baltimore 
City, who shall thereupon institute in the name of the Mayor 
and City Council of Baltimore the necessary legal proceed- 
ings to acquire by condemnation the fee simple interest or 
any lesser interest in and to said properties or portions 
thereof. 

Sec. 4. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved hereby 
for the Mid-Town Belvedere Urban Renewal Area may not 
meet the requirements as to the content of a Renewal Plan 
or the procedures for the preparation, adoption, and ap- 
proval of Renewal Plans, as provided in Ordinance No. 152 
approved June 28, 1968, and Ordinance No. 325 approved 
May 31, 1977, the said requirements are hereby waived and 
the amended Renewal Plan approved hereby is exempted 
therefrom. 

Sec. 5. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 



50 ORDINANCES Ord. No. 615 

sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall 
not be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining pro- 
visions of this ordinance without the word, phrase, clause, 
sentence, paragraph, section or part or the application 
thereof so held invalid. 

Sec. 6. And be it further ordained, That in any case where 
a provision of this ordinance concerns the same subject 
matter as an existing provision of any zoning, building, 
electrical, plumbing, health, fire or safety ordinance or code 
or regulation, the applicable provisions concerned shall be 
construed so as to give effect to each; provided, however, 
that, if such provisions are found to be in irreconcilable 
conflict, the provision which establishes the higher standard 
for the promotion of the public health and safety shall 
prevail. In any case where a provision of this ordinance is 
found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City 
of Baltimore which establishes a lower standard for the 
promotion and protection of the public health and safety, 
the provision of this ordinance shall prevail, and the other 
existing provision of such other ordinance or code or 
regulation is hereby repealed to the extent that it may be 
found in conflict with this ordinance. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 8, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 51 

No. 616 
(Council No. 950) 

An Ordinance to amend Sheet No. 15 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning", (Ordinance No. 1051, approved 
April 20, 1971) by changing from the B-l-1 Zoning Dis- 
trict to the R-l Zoning District the property on the west 
side of Lawndale Avenue, north of Windhurst WYND- 
HURST Avenue as outlined in red on the plats accom- 
panying this ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 15 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "Zoning", (Ordinance No. 1051, approved April 
20, 1971) be and it is hereby amended by changing from 
the B-l-1 Zoning District to the R-l Zoning District the 
property on the West Side of Lawndale Avenue, North of 
Windhurst WYNDHURST Avenue as outlined in red on 
the plats accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves the ordi- 
nance he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to the 
following: The Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development, the Com- 
missioner of Transit and Traffic and the Zoning Admin- 
istrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 10, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



52 ORDINANCES Ord. No. 617 

No. 617 
(Council No. 951) 

An Ordinance granting permission to Wyndhurst Prop- 
erties, Inc. for the establishment, maintenance and oper- 
ation of a ground level open area for the parking of 
motor vehicles in the R-l District on the property located 
on the west side of Lawndale Avenue and generally 
known as 5010 Lawndale Avenue, as outlined in red on 
the plats accompanying this ordinance, under the provi- 
sions of Sections 4.1-2d and 11.0-6d of Article 30 of the 
Baltimore City Code (1966 Edition), title "Zoning Ordi- 
nance," (Ordinance 1051, approved April 20, 1971). 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission be and the same is hereby 
granted to Wyndhurst Properties, Inc. for the establish- 
ment, maintenance and operation of a ground level open 
area for the parking of motor vehicles in the R-l District 
on the property located on the West side of Lawndale Avenue 
and generally known as 5010 Lawndale Avenue, as outlined 
in red on the plats accompanying this ordinance, under 
the provisions of Sections 4.1-2d and 11.0-6d of Article 30 
of the Baltimore City Code (1966 Edition), title "Zoning 
Ordinance," (Ordinance 1051, approved April 20, 1971). 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
NO PARKING SHALL BE PERMITTED ON THIS PROP- 
ERTY UNTIL A DEVELOPMENT PLAN HAS BEEN 
APPROVED BY THE PLANNING COMMISSION AND 
A BUILDING PERMIT OBTAINED. 

Sec. 2 3. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves the ordi- 
nance he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following: The Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development, the Com- 



ORDINANCES 53 

missioner of Transit and Traffic and the Zoning Admin- 
istrator. 

Sec. 3 4. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 10, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 618 
(Council No. 1050) 

An Ordinance to authorize the use of the properties on the 
north side of West North Avenue, west of Druid Hill 
Avenue, known as 1322 to 1328 West North Avenue, as 
outlined in red on the plats accompanying this ordi- 
nance, for an open air off-street parking facility in the 
B-2-3 District, pursuant to Section 6.2-1 d of Article 30 
of the Baltimore City Code (1966 Edition), title "The 
Zoning Ordinance of Baltimore City" (Ordinance No. 
1051) approved April 20, 1971. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the properties on the North side of 
West North Avenue, West of Druid Hill Avenue, known as 
1322 to 1328 West North Avenue, as outlined in red on the 
plats accompanying this ordinance, be and they are hereby 
authorized for use as an open air off-street parking facil- 
ity in the B-2-3 District, pursuant to Section 6.2-ld of 
Article 30 of the Baltimore City Code (1966 Edition), title 
"The Zoning Ordinance of Baltimore City" (Ordinance No. 
1051) approved April 20, 1971. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat, and when the Mayor approves the ordi- 



54 ORDINANCES Ord. No. 619 

nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following: the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the De- 
partment of Housing and Community Development, the 
Commissioner of Transit and Traffic, and the Zoning Ad- 
ministrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved February 10, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 619 
(Council No. 1290) 

An Ordinance to repeal and reordain, with amendments, 
Sections 104C and 104D of Article 1 of the Baltimore 
City Code (1966 Edition), title, "Mayor, City Council, 
and Municipal Agencies," subtitle, "Self-Insurance Pro- 
gram," amending the terms of the "Liability Reserve 
Fund" for the System of Self -insurance of the City and 
the Procedures with respect to the use of the "Liability 
Reserve Fund." 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 104C and 104D of Article 1 
of the Baltimore City Code (1966 Edition), title, "Mayor, 
City Council, and Municipal Agencies," subtitle, "Self- 
insurance Program," as ordained by Ordinance No. 332, 
approved May 17, 1973, and as amended by Ordinance No. 
492, approved August 16, 1977, be and they are hereby 
repealed and reordained, with amendments, to read as 
follows : 

104C. 

The Comptroller is hereby authorized and directed to 
create a fund to be known as the "Liability Reserve Fund" 



ORDINANCES 55 

for which purpose there shall be appropriated annually 
the sum of not less than One Hundred Thousand Dollars 
($100,000.00), said sum to be provided for annually in the 
Ordinance of Estimates for each year beginning with the 
Ordinance of Estimates for the fiscal year 1974. The ap- 
propriation to the Liability Reserve Fund shall continue 
until the accumulations therefrom, together with the earn- 
ings of the same, and the balance from the Self-insurance 
Fund as hereinafter provided, less such expenditures or 
disbursements therefrom as may be made, shall amount to 
£the sum of One Million Dollars ($1,000,000) . At such time 
that the Liability Reserve Fund has accumulated One Mil- 
lion Dollars ($1,000,000), then the annual appropriation 
shall cease ; however, if said reserve fund shall subsequently 
become less than One Million Dollars ($1,000,000), then 
in such event the Ordinance of Estimates for the ensuing 
fiscal year shall appropriate such sum of money necessary 
to obtain the reserve of One Million Dollars ($1,000,000), 
provided said annual appropriation shall not exceed One 
Hundred Thousand Dollars ($100,000).! such sum in ex- 
cess of One Million Dollars ($1,000,000) but not more than 
Two Million Five Hundred Thousand Dollars ($2,500,000) 
as established and determined by the Board of Estimates. 
The appropriation so made and any other sums to be paid 
to the fund shall be turned over by the Comptroller to the 
Commissioners of Finance of the Mayor and City Council 
of Baltimore to be held and invested by the Commissioners 
of Finance as hereinafter provided. 

104D. 

The "Liability Reserve Fund" shall be used to pay any 
sums that the Mayor and City Council of Baltimore may 
be liable for pursuant to its Self-insurance Program only 
after the sums provided for in Section 104B of this act have 
been expended[.J or encumbered. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 10, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



56 ORDINANCES Ord. No. 620 

No. 620 
(Council No. 1306) 

An Ordinance to repeal and reordain with amendments Sec- 
tion 11.0-6c-l of Article 30 of the Baltimore City Code 
(1966 Edition), title "The Zoning Ordinance of Baltimore 
City", subtitle "Administration and Enforcement", as 
ordained by Ordinance 1051, approved April 20, 1971, 
requiring a statement to accompany the introduction of 
bills granting permission for a conditional use. 

SECTION 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 11.0-6c-l of Article 30 of the 
Baltimore City Code (1966 Edition), title "The Zoning 
Ordinance of Baltimore City", Subtitle "Administration and 
Enforcement", as ordained by Ordinance 1051, approved 
April 20, 1971, be and it is hereby repealed and reordained 
with amendments to read as follows : 

11.0-6 

c. Action by the City Council 

1. Each ordinance which proposes amendment relating 
to specific properties or grants permission for a conditional 
use shall, upon its introduction, be accompanied by a written 
statement of the changes sought and a description of the 
intended uses. Such statement shall not be incorporated in 
the ordinance but shall be filed with it for the purpose of 
informing the City Council, the referral agencies and the 
public. Such statement shall include, but need not be limited 
to, date of purchase of the property and title reference, 
existence of any contract contingent on zoning change and 
the names and addresses of such parties to the contract, and 
the names of all principals for whom the requesting party 
may be acting as agent including the names of majority 
stockholders of any corporation named. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 10, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 57 

No. 621 
(Council No. 1333) 

An Ordinance providing for a Supplementary Special Fund 
Appropriation in the amount of One Hundred Forty-three 
Thousand Seven Hundred Thirty-nine Dollars ($143,739) 
to the Department of Recreation and Parks to be used 
for pruning, innoculating, spraying, and replacing trees 
to combat Dutch Elm Disease, in accordance with the 
provisions of Article VI, Section 2(h) (3) of the Baltimore 
City Charter (1964 Revision). 

Whereas, the money appropriated herein represents rev- 
enues produced by interest on investments of funds received 
under the Intergovernmental Antirecession Assistance Act 
of 1977 in excess of the revenues estimated and relied upon 
by the Board of Estimates in determining the tax levy 
required to balance the budget for the 1978 fiscal year and 
are therefor available for appropriation to the Department 
of Recreation and Parks pursuant to the provisions of 
Article VI, Section 2(h) of the Baltimore City Charter 
(1964 Revision) ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
30th day of November, 1977, all in accordance with Article 
VI, Section 2(h)(3) of the 1964 revised Charter of Balti- 
more City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h)(3) of the 1964 revision of the Charter of Balti- 
more City, the sum of One Hundred Forty-three Thousand 
Seven Hundred Thirty-nine Dollars ($143,739) shall be 
made available to the Department of Recreation and Parks 
of the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1978 for 
the purpose of pruning, innoculating, spraying, and replac- 
ing trees to combat Dutch Elm Disease. The amount thus 
made available as a supplementary special fund appropria- 



58 ORDINANCES Ord. No. 622 

tion shall be expended from revenue derived from interest 
on investments of funds received under the Intergovern- 
mental Antirecession Assistance Act of 1977 in excess of 
the amount from this source which was estimated or relied 
upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1978 fiscal year; 
and said funds shall be the source of revenue for this sup- 
plementary special fund appropriation, as required by 
Article VI, Section 2 of the 1964 revised Charter of Balti- 
more City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 10, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 622 
(Council No. 1334) 

An Ordinance providing for a Supplementary Special Fund 
Appropriation in the amount of Three Hundred Thousand 
Dollars ($300,000) to the Department of Recreation and 
Parks to be used for Redeveloping the Baltimore City 
Zoo, in accordance with the provisions of Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation 
of the 1977-1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
28th day of September, 1977, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of Balti- 
more City. 



ORDINANCES 59 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Three Hundred Thousand Dol- 
lars ($300,000) shall be made available to the Department 
of Recreation and Parks of the City of Baltimore as a 
supplementary special fund appropriation for the fiscal year 
ending June 30, 1978 for the purpose of redeveloping the 
Baltimore City Zoo. The amount thus made available as a 
supplementary special fund appropriation shall be expended 
from a grant of funds to the Mayor and City Council of 
Baltimore by the State of Maryland under the State Open 
Space Program, said sum being made available to the 
Mayor and City Council of Baltimore for the aforesaid pur- 
pose; and said funds from the State of Maryland shall be 
the source of revenue for this supplementary special fund 
appropriation, as required by Article VI, Section 2(h)(2) 
of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved February 10, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 623 

(Council No. 1335) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Thirty-Five Thousand 
Dollars ($35,000) to the Community Relations Commis- 
sion to be used for testing methods by which to institute 
and implement new intake, rapid processing and backlog 
procedures, in accordance with the provisions of Article 
VI, Section 2(h)(2) of the Baltimore City Charter 
(1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected with 



60 



ORDINANCES 



Ord. No. 623 



reasonable certainty at the time of the formulation of the 
fiscal 1978 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
23rd day of November, 1977, all in accordance with Article 
VI, Section 2(h) (2) of the 1964 revised Charter of Balti- 
more City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h) (2) of the 1964 revision of the Charter of Bal- 
timore City, the sum of Thirty-five Thousand Dollars 
($35,000) shall be made available to the Community Rela- 
tions Commission of the City of Baltimore as a supple- 
mentary special fund appropriation for the fiscal year end- 
ing June 30, 1978 for the purpose of testing methods by 
which to institute and implement new intake, rapid pro- 
cessing and backlog procedures. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Federal Equal Employ- 
ment Opportunity Commission, said sum being allotted to 
the Mayor and City Council of Baltimore for the aforesaid 
purpose; and said funds from said Federal Equal Employ- 
ment Opportunity Commission shall be the source of revenue 
for this supplementary special fund appropriation, as re- 
quired by Article VI, Section 2(h) (2) of the 1964 revised 
Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 10, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 61 

No. 624 
(Council No. 1355) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Four Thousand Two Hun- 
dred Twenty-five Dollars ($4,225) to the Civic Center 
Commission to be used for paying for Negotiated Salary 
and Wage Increases and Longevity Increments, in ac- 
cordance with the provisions of Article VI, Section 2- 
(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Four Thousand Two Hundred 
Twenty-five Dollars ($4,225) shall be made available to 
the Civic Center Commission of the City of Baltimore as 
a supplementary special fund appropriation for the fiscal 
year ending June 30, 1978 for the purpose of paying for 
Negotiated Salary and Wage Increases and Longevity In- 
crements. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Baltimore 
by the Federal Government under the Intergovernmental 
Antirecession Assistance Act of 1977, said sum being 
allotted to the Mayor and City Council of Baltimore for 
the aforesaid purpose; and said funds from said Federal 
Government shall be the source of revenue for this 
supplementary special fund appropriation, as required by 
Article VI, Section 2(h) of the 1964 revised Charter of 
Baltimore City. 



62 ORDINANCES Ord. No. 625 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 625 

(Council No. 1356) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Seven Thousand Ninety- 
one Dollars ($7,091) to the Civil Service Commission to 
be used for paying for Negotiated Salary and Wage In- 
creases and Longevity Increments, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h) (2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Seven Thousand Ninety-one Dol- 
lars ($7,091) shall be made available to the Civil Service 
Commission of the City of Baltimore as a supplementary 
special fund appropriation for the fiscal year ending June 
30, 1978 for the purpose of paying for Negotiated Salary 
and Wage Increases and Longevity Increments. The amount 
thus made available as a supplementary special fund ap- 



ORDINANCES 63 

propriation shall be expended from a grant of funds to 
the Mayor and City Council of Baltimore by the Federal 
Government under the Intergovernmental Antirecession 
Assistance Act of 1977, said sum being allotted to the 
Mayor and City Council of Baltimore for the aforesaid 
purpose; and said funds from said Federal Government 
shall be the source of revenue for this supplementary special 
fund appropriation, as required by Article VI, Section 2(h) 
of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 626 

(Council No. 1357) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Seventy-seven Thousand 
Forty-three Dollars ($77,043) to the Community College 
of Baltimore to be used for paying for Negotiated Salary 
and Wage Increases and Longevity Increments, in accord- 
ance with the provisions of Article VI, Section 2(h)(2) 
of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 



64 ORDINANCES Ord. No. 627 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Seventy-seven Thousand Forty- 
three Dollars ($77,043) shall be made available to the 
Community College of Baltimore of the City of Baltimore 
as a supplementary special fund appropriation for the 
fiscal year ending June 30, 1978 for the purpose of paying 
for Negotiated Salary and Wage Increases and Longevity 
Increments. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Baltimore 
by the Federal Government under the Intergovernmental 
Antirecession Assistance Act of 1977, said sum being al- 
lotted to the Mayor and City Council of Baltimore for the 
aforesaid purpose; and said funds from said Federal Gov- 
ernment shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 

Provided that said sum of Seventy-seven Thousand Forty- 
three Dollars ($77,043) shall be appropriated as follows: 

Program 430, Administration of College $ 7,649 

Program 431, Instruction $55,526 

Program 432, Operational Plant Maintenance $ 6,943 

Program 433, Student Services $ 6,925 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 627 
(Council No. 1358) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Four Thousand Sixty- 



ORDINANCES 65 

three Dollars ($4,063) to the Community Relations Com- 
mission to be used for paying for Negotiated Salary and 
Wage Increases and Longevity Increments, in accordance 
with the provisions of Article VI, Section 2(h) (2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Beit ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Four Thousand Sixty-three 
Dollars ($4,063) shall be made available to the Community 
Relations Commission of the City of Baltimore as a supple- 
mentary special fund appropriation for the fiscal year 
ending June 30, 1978 for the purpose of paying for Nego- 
tiated Salary and Wage Increases and Longevity Incre- 
ments. The amount thus made available as a supplementary 
special fund appropriation shall be expended from a grant 
of funds to the Mayor and City Council of Baltimore by 
the Federal Government under the Intergovernmental An- 
tirecession Assistance Act of 1977, said sum being allotted 
to the Mayor and City Council of Baltimore for the afore- 
said purpose ; and said funds from said Federal Government 
shall be the source of revenue for this supplementary 
special fund appropriation, as required by Article VI, 
Section 2(h) of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



66 ORDINANCES Ord. No. 628 

No. 628 
(Council No. 1359) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Eighteen Thousand Nine 
Hundred Eleven Dollars ($18,911) to the Department 
of Comptroller to be used for paying for Negotiated 
Salary and Wage Increases and Longevity Increments, 
in accordance with the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h) (2) of the 1964 revision of the Charter otf 
Baltimore City, the sum of Eighteen Thousand Nine Hun- 
dred Eleven Dollars ($18,911) shall be made available to 
the Department of Comptroller of the City of Baltimore as 
a supplementary special fund appropriation for the fiscal 
year ending June 30, 1978 for the purpose of paying for 
Negotiated Salary and Wage Increases and Longevity In- 
crements. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Baltimore 
by the Federal Government under the Intergovernmental 
Antirecession Assistance Act of 1977, said sum being al- 
lotted to the Mayor and City Council of Baltimore for the 
aforesaid purpose; and said funds from said Federal Gov- 
ernment shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 



ORDINANCES 67 

Provided that said sum of Eighteen Thousand Nine Hun- 
dred Eleven Dollars ($18,911) shall be appropriated as 
follows : 

Program 130, Executive Direction and 
Control $ 594 

Program 131, Audits $7,694 

Program 132, Real Estate 
Acquisition and Management $2,132 

Program 135, Insurance on City Facilities .... $ 201 

Program 536, Markets and 
Harbor Administration $8,290 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 629 

(Council No. 1360) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Thousand Three 
Hundred Seventy-five Dollars ($1,375) to the City Coun- 
cil to be used for paying for Negotiated Salary and Wage 
Increases and Longevity Increments, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 



68 ORDINANCES Ord. No. 630 

18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Thousand Three Hundred 
Seventy-five Dollars ($1,375) shall be made available to 
the City Council of the City of Baltimore as a supple- 
mentary special fund appropriation for the fiscal year 
ending June 30, 1978 for the purpose of paying for Nego- 
tiated Salary and Wage Increases and Longevity Incre- 
ments. The amount thus made available as a supplementary 
special fund appropriation shall be expended from a grant 
of funds to the Mayor and City Council of Baltimore by 
the Federal Government under the Intergovernmental An- 
tirecession Assistance Act of 1977, said sum being allotted 
to the Mayor and City Council of Baltimore for the afore- 
said purpose ; and said funds from said Federal Government 
shall be the source of revenue for this supplementary 
special fund appropriation, as required by Article VI, 
Section 2(h) of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 630 
(Council No. 1361) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Thousand Twelve 
Dollars ($1,012) to the City Council Office of Financial 
Review to be used for paying for Negotiated Salary and 
Wage Increases and Longevity Increments, in accordance 



ORDINANCES 69 

with the provisions of Article VI, Section 2(h)(2) of 
the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Thousand Twelve Dollars 
($1,012) shall be made available to the City Council Office 
of Financial Review of the City of Baltimore as a supple- 
mentary special fund appropriation for the fiscal year 
ending June 30, 1978 for the purpose of paying for Nego- 
tiated Salary and Wage Increases and Longevity Incre- 
ments. The amount thus made available as a supplementary 
special fund appropriation shall be expended from a grant 
of funds to the Mayor and City Council of Baltimore by 
the Federal Government under the Intergovernmental Anti- 
recession Assistance Act of 1977, said sum being allotted 
to the Mayor and City Council of Baltimore for the afore- 
said purpose; and said funds from said Federal Govern- 
ment shall be the source of revenue for this supplementary 
special fund appropriation, as required by Article VI, Sec- 
tion 2(h) of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



70 ORDINANCES Ord. No. 631 

No. 631 
(Council No. 1362) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Twenty-one Thousand 
Seven Hundred Fifty-six Dollars ($21,756) to the Su- 
preme Bench of Baltimore City to be used for paying 
for Negotiated Salary and Wage Increases and Longevity 
Increments, in accordance with the provisions of Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Twenty-one Thousand Seven 
Hundred Fifty-six Dollars ($21,756) shall be made avail- 
able to the Supreme Bench of the City of Baltimore as a 
supplementary special fund appropriation for the fiscal 
year ending June 30, 1978 for the purpose of paying for 
Negotiated Salary and Wage Increases and Longevity In- 
crements. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum 
being allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose ; and said funds from said Federal 
Government shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 



ORDINANCES 71 

VI, Section 2(h) of the 1964 revised Charter of Baltimore 

City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 632 
(Council No. 1363) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Hundred Fifty Dol- 
lars ($150) to the Orphans' Court of Baltimore City to 
be used for paying for negotiated Salary and Wage In- 
creases and Longevity Increments, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Hundred Fifty Dollars 
($150) shall be made available to the Orphans' Court of 
the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1978 for 



72 ORDINANCES Ord. No. 633 

the purpose of paying for Negotiated Salary and Wage 
Increases and Longevity Increments. The amount thus 
made available as a supplementary special fund appropria- 
tion shall be expended from a grant of funds to the Mayor 
and City Council of Baltimore by the Federal Government 
under the Intergovernmental Antirecession Assistance Act 
of 1977, said sum being allotted to the Mayor and City 
Council of Baltimore for the aforesaid purpose; and said 
funds from said Federal Government shall be the source 
of revenue for this supplementary special fund appropria- 
tion, as required by Article VI, Section 2(h) of the 1964 
revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 633 
(Council No. 1364) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Seventeen Thousand 
Seven Hundred Ninety-six Dollars ($17,796) to the 
State's Attorney for Baltimore City to be used for paying 
for Negotiated Salary and Wage Increases and Longevity 
Increments, in accordance with the provisions of Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 



ORDINANCES 73 

18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h) (2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Seventeen Thousand Seven 
Hundred Ninety-six Dollars ($17,796) shall be made avail- 
able to the State's Attorney of the City of Baltimore as a 
supplementary special fund appropriation for the fiscal 
year ending June 30, 1978 for the purpose of paying for 
Negotiated Salary and Wage Increases and Longevity In- 
crements. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum 
being allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose ; and said funds from said Federal 
Government shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 634 

(Council No. 1365) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Seven Hundred Eighty- 
nine Dollars ($789) to the Office of Disaster Control and 
Civil Defense to be used for paying for Negotiated Salary 
and Wage Increases and Longevity Increments, in ac- 



74 ORDINANCES Ord. No. 634 

cordance with the provisions of Article VI, Section 2- 
(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Seven Hundred Eighty-nine 
Dollars ($789) shall be made available to the Office of 
Disaster Control and Civil Defense of the City of Baltimore 
as a supplementary special fund appropriation for the fiscal 
year ending June 30, 1978 for the purpose of paying for 
Negotiated Salary and Wage Increases and Longevity In- 
crements. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum being 
allotted to the Mayor and City Council of Baltimore for 
the aforesaid purpose; and said funds from said Federal 
Government shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 75 

No. 635 
(Council No. 1366) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Million Three Hun- 
dred Fourteen Thousand Eight Hundred Fifteen Dollars 
($1,314,815) to the Department of Education to be used 
for paying for Negotiated Salary and Wage Increases 
and Longevity Increments, in accordance with the pro- 
visions of Article VI, Section 2(h)(2) of the Baltimore 
City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Million Three Hundred 
Fourteen Thousand Eight Hundred Fifteen Dollars 
($1,314,815) shall be made available to the Department of 
Education of the City of Baltimore as a supplementary 
special fund appropriation for the fiscal year ending June 
30, 1978 for the purpose of paying for Negotiated Salary 
and Wage Increases and Longevity Increments. The amount 
thus made available as a supplementary special fund ap- 
propriation shall be expended from a grant of funds to 
the Mayor and City Council of Baltimore by the Federal 
Government under the Intergovernmental Antirecession 
Assistance Act of 1977, said sum being allotted to the 
Mayor and City Council of Baltimore for the aforesaid 
purpose; and said funds from said Federal Government 
shall be the source of revenue for this supplementary special 



76 ORDINANCES Ord. No. 636 

fund appropriation, as required by Article VI, Section 2(h) 
of the 1964 revised Charter of Baltimore City. 

Provided that said sum of One Million Three Hundred 
Fourteen Thousand Eight Hundred Fifteen Dollars 
($1,314,815) shall be appropriated as follows: 

Program 400, Administrative 

Direction and Control $ 49,560 

Program 401, Instructional Services $853,210 

Program 402, Pupil Personnel Services $ 55,318 

Program 404, Plant Operation Services $166,997 

Program 405, Plant Maintenance Services .. $ 30,240 

Program 407, Student Body Services $ 29 

Program 411, Educational Services for 

Exceptional Children $159,461 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 636 
(Council No. 1367) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Two Thousand Fifty-five 
Dollars ($2,055) to the Boards of Trustees of Employees 
Retirement Systems to be used for paying for Negotiated 
Salary and Wage Increases and Longevity Increments, 
in accordance with the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 



ORDINANCES 77 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Two Thousand Fifty-five Dollars 
($2,055) shall be made available to the Boards of Trustees 
of Employees Retirement System of the City of Baltimore 
as a supplementary special fund appropriation for the 
fiscal year ending June 30, 1978 for the purpose of paying 
for Negotiated Salary and Wage Increases and Longevity 
Increments. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum 
being allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose ; and said funds from said Federal 
Government shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 637 
(Council No. 1368) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Sixty-eight Thousand 



78 ORDINANCES Ord. No. 637 

Four Hundred Thirty-three Dollars ($68,433) to the 
Department of Finance to be used for paying for Nego- 
tiated Salary and Wage Increases and Longevity Incre- 
ments, in accordance with the provisions of Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Sixty-eight Thousand Four 
Hundred Thirty-three Dollars ($68,433) shall be made 
available to the Department of Finance of the City of 
Baltimore as a supplementary special fund appropriation 
for the fiscal year ending June 30, 1978 for the purpose of 
paying for Negotiated Salary and Wage Increases and 
Longevity Increments. The amount thus made available as 
a supplementary special fund appropriation shall be ex- 
pended from a grant of funds to the Mayor and City Council 
of Baltimore by the Federal Government under the Inter- 
governmental Antirecession Assistance Act of 1977, said 
sum being allotted to the Mayor and City Council of Balti- 
more for the aforesaid purpose; and said funds from said 
Federal Government shall be the source of revenue for this 
supplementary special fund appropriation, as required by 
Article VI, Section 2(h) of the 1964 revised Charter of 
Baltimore City. 

Provided that said sum of Sixty-eight Thousand Four 
Hundred Thirty-three Dollars ($68,433) shall be appro- 
priated as follows : 



ORDINANCES 79 

Program 140, Administrative 

Direction and Control $ 697 

Program 141, Budget and 
Management Research $ 5,758 

Program 142, Accounting Systems 
and Operations $13,736 

Program 143, Collections and Receipts $10,143 

Program 144, Purchasing $ 6,714 

Program 145, Warehousing $17,011 

Program 147, Management 
Information Services $14,374 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 638 
(Council No. 1369) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Three Hundred Ten Thou- 
sand Six Hundred Forty-one Dollars ($310,641) to the 
Fire Department to be used for paying for Negotiated 
Salary and Wage Increases and Longevity Increments, 
in accordance with the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 



80 ORDINANCES Ord. No. 638 

by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Three Hundred Ten Thousand 
Six Hundred Forty-one Dollars ($310,641) shall be made 
available to the Fire Department of the City of Baltimore 
as a supplementary special fund appropriation for the fiscal 
year ending June 30, 1978 for the purpose of paying for 
Negotiated Salary and Wage Increases and Longevity In- 
crements. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum 
being allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose ; and said funds from said Federal 
Government shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 

Provided that said sum of Three Hundred Ten Thousand 
Six Hundred Forty-one Dollars ($310,641) shall be appro- 
priated as follows: 

Program 210, Administrative 

Direction and Control $ 5,887 

Program 211, Training $ 3,033 

Program 212, Fire Suppression $281,840 

Program 213, Fire Prevention $ 6,195 

Program 215, Fire Alarm 
and Communications $ 9,308 

Program 217, Equipment Maintenance $ 4,378 



ORDINANCES 81 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 639 
(Council No. 1370) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Eighty-nine Thousand 
Nine Hundred Eighty-one Dollars ($89,981) to the De- 
partment of Health to be used for paying for Negotiated 
Salary and Wage Increases and Longevity Increments, 
in accordance with the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Eighty-nine Thousand Nine 
Hundred Eighty-one Dollars ($89,981) shall be made avail- 
able to the Department of Health of the City of Baltimore 
as a supplementary special fund appropriation for the 
fiscal year ending June 30, 1978 for the purpose of paying 
for Negotiated Salary and Wage Increases and Longevity 
Increments. The amount thus made available as a supple- 



82 ORDINANCES Ord. No. 639 

mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum being 
allotted to the Mayor and City Council of Baltimore for the 
aforesaid purpose; and said funds from said Federal Gov- 
ernment shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 

Provided that said sum of Eighty-nine Thousand Nine 
Hundred Eighty-one Dollars ($89,981) shall be appropri- 
ated as follows: 

Program 240, Animal Control $ 3,072 

Program 300, Administrative 

Direction and Control $25,723 

Program 302, Environmental Health $15,037 

Program 304, Adult Health Services $ 8,741 

Program 305, Maternal and Infant Services .. $ 744 

Program 306, General Nursing Services $23,193 

Program 307, Mental Health Services $ 3,110 

Program 308, Children and Youth Services .. $ 4,859 

Program 311, Health Services 

for the Aging $ 5,502 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 83 

No. 640 
(Council No. 1371) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Hundred Seventy- 
two Dollars ($172) to the Commission for Historical and 
Architectural Preservation to be used for paying for 
Negotiated Salary and Wage Increases and Longevity 
Increments, in accordance with the provisions of Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Hundred Seventy-two Dol- 
lars ($172) shall be made available to the Commission for 
Historical and Architectural Preservation of the City of 
Baltimore as a supplementary special fund appropriation 
for the fiscal year ending June 30, 1978 for the purpose of 
paying for Negotiated Salary and Wage Increases and 
Longevity Increments. The amount thus made available as 
a supplementary special fund appropriation shall be ex- 
pended from a grant of funds to the Mayor and City Council 
of Baltimore by the Federal Government under the Inter- 
governmental Antirecession Assistance Act of 1977, said 
sum being allotted to the Mayor and City Council of Balti- 
more for the aforesaid purpose; and said funds from said 
Federal Government shall be the source of revenue for this 
supplementary special fund appropriation, as required by 



84 ORDINANCES Ord. No. 641 

Article VI, Section 2(h) of the 1964 revised Charter of 
Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 641 
(Council No. 1372) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Hundred Thirty- 
seven Thousand Three Hundred Ninety-four Dollars 
($137,394) to the Department of Hospitals to be used for 
paying for Negotiated Salary and Wage Increases and 
Longevity Increments, in accordance with the provisions 
of Article VI, Section 2(h)(2) of the Baltimore City 
Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Hundred Thirty-seven Thou- 
sand Three Hundred Ninety-four Dollars ($137,394) shall 
be made available to the Department of Hospitals of the 



ORDINANCES 85 

City of Baltimore as a supplementary special fund appro- 
priation for the fiscal year ending June 30, 1978 for the 
purpose of paying for Negotiated Salary and Wage In- 
creases and Longevity Increments. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Federal Government under 
the Intergovernmental Antirecession Assistance Act of 1977, 
said sum being allotted to the Mayor and City Council of 
Baltimore for the aforesaid purpose; and said funds from 
said Federal Government shall be the source of revenue for 
this supplementary special fund appropriation, as required 
by Article VI, Section 2(h) of the 1964 revised Charter of 
Baltimore City. 

Provided that said sum of One Hundred Thirty-seven 
Thousand Three Hundred Ninety-four Dollars ($137,394) 
shall be appropriated as follows: 

Program 335, Administrative Services $ 3,526 

Program 336, Fiscal Services $ 9,238 

Program 337, General Services $ 23,203 

Program 339, Nursing Services $ 43,294 

Program 340, Professional Care of Patients $(40,646) 

Program 341, Outpatient Care $ 9,957 

Program 342, Diagnostic Services $ 49,101 

Program 345, Paramedical Services $ 26,295 

Program 347, Long Term Care $ 13,426 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



86 ORDINANCES Ord. No. 642 

No. 642 
(Council No. 1373) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Sixty Thousand Five Hun- 
dred Thirty-nine Dollars ($60,539) to the Department of 
Housing and Community Development to be used for 
paying for Negotiated Salary and Wage Increases and 
Longevity Increments, in accordance with the provisions 
of Article VI, Section 2(h)(2) of the Baltimore City 
Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Sixty Thousand Five Hundred 
Thirty-nine Dollars ($60,539) shall be made available to 
the Department of Housing and Community Development 
of the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1978 for 
the purpose of paying for Negotiated Salary and Wage 
Increases and Longevity Increments. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Federal Government under 
the Intergovernmental Antirecession Assistance Act of 
1977, said sum being allotted to the Mayor and City Council 
of Baltimore for the aforesaid purpose ; and said funds from 
said Federal Government shall be the source of revenue 
for this supplementary special fund appropriation, as re- 



ORDINANCES 87 

quired by Article VI, Section 2(h) of the 1964 revised 
Charter of Baltimore City. 

Provided that said sum of Sixty Thousand Five Hundred 
Thirty-nine Dollars ($60,539) shall be appropriated as 
follows: 

Program 177, Administrative 

Direction and Control $ 4,191 

Program 260, Construction and 

Building Inspection $18,266 

Program 581, Planning $ 5,186 

Program 582, Land Development $ 2,980 

Program 583, Neighborhood Development .... $29,277 

Program 585, Economic Development $ 639 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 643 
(Council No. 1374) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Forty-one Thousand One 
Hundred Seven Dollars ($41,107) to the Jail Board to 
be used for paying for Negotiated Salary and Wage In- 
creases and Longevity Increments, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 



88 ORDINANCES Ord. No. 644 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Forty-one Thousand One Hun- 
dred Seven Dollars ($41,107) shall be made available to the 
Jail Board of the City of Baltimore as a supplementary 
special fund appropriation for the fiscal year ending June 
30, 1978 for the purpose of paying for Negotiated Salary 
and Wage Increases and Longevity Increments. The amount 
thus made available as a supplementary special fund appro- 
priation shall be expended from a grant of funds to the 
Mayor and City Council of Baltimore by the Federal Gov- 
ernment under the Intergovernmental Antirecession As- 
sistance Act of 1977, said sum being allotted to the Mayor 
and City Council of Baltimore for the aforesaid purpose; 
and said funds from said Federal Government shall be the 
source of revenue for this supplementary special fund 
appropriation, as required by Article VI, Section 2(h) of 
the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 644 
(Council No. 1375) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Sixteen Thousand Three 
Hundred Forty Dollars (§16,340) to the Department of 



ORDINANCES 89 

Law to be used for paying for Negotiated Salary and 
Wage Increases and Longevity Increments, in accordance 
with the provisions of Article VI, Section 2(h) (2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section I. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Sixteen Thousand Three Hun- 
dred Forty Dollars ($16,340) shall be made available to 
the Department of Law of the City of Baltimore as a 
supplementary special fund appropriation for the fiscal year 
ending June 30, 1978 for the purpose of paying for Nego- 
tiated Salary and Wage Increases and Longevity Incre- 
ments. The amount thus made available as a supplementary 
special fund appropriation shall be expended from a grant 
of funds to the Mayor and City Council of Baltimore by the 
Federal Government under the Intergovernmental Anti- 
recession Assistance Act of 1977, said sum being allotted 
to the Mayor and City Council of Baltimore for the afore- 
said purpose; and said funds from said Federal Govern- 
ment shall be the source of revenue for this supplementary 
special fund appropriation, as required by Article VI, 
Section 2(h) of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



90 ORDINANCES Ord. No. 645 

No. 645 
(Council No. 1376) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Two Hundred Seventy- 
four Dollars ($274) to the Off -Street Parking Commission 
to be used for paying for Negotiated Salary and Wage 
Increases and Longevity Increments, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Two Hundred Seventy-four 
Dollars ($274) shall be made available to the Off -Street 
Parking Commission of the City of Baltimore as a supple- 
mentary special fund appropriation for the fiscal year end- 
ing June 30, 1978 for the purpose of paying for Negotiated 
Salary and Wage Increases and Longevity Increments. The 
amount thus made available as a supplementary special 
fund appropriation shall be expended from a grant of funds 
to the Mayor and City Council of Baltimore by the Federal 
Government under the Intergovernmental Antirecession 
Assistance Act of 1977, said sum being allotted to the Mayor 
and City Council of Baltimore for the aforesaid purpose; 
and said funds from said Federal Government shall be the 
source of revenue for this supplementary special fund 
appropriation, as required by Article VI, Section 2(h) of 
the 1964 revised Charter of Baltimore City. 



ORDINANCES 91 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 646 

(Council No. 1377) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Seven Hundred Five Dol- 
lars ($705) to the Board of Trustees of the Municipal 
Museum to be used for paying for Negotiated Salary and 
Wage Increases and Longevity Increments, in accordance 
with the provisions of Article VI, Section 2(h)(2) of 
the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Seven Hundred Five Dollars 
($705) shall be made available to the Board of Trustees 
of the Municipal Museum of the City of Baltimore as a 
supplementary special fund appropriation for the fiscal 
year ending June 30, 1978 for the purpose of paying for 
Negotiated Salary and Wage Increases and Longevity In- 
crements. The amount thus made available as a supple- 



92 ORDINANCES Ord. No. 647 

mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum be- 
ing allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose ; and said funds from said Federal 
Government shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 647 

(Council No. 1378) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Two Thousand Eight 
Hundred Sixty-two Dollars ($2,862) to the Department 
of Post Mortem Examiners to be used for paying for 
Negotiated Salary and Wage Increases and Longevity 
Increments, in accordance with the provisions of Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 



ORDINANCES 93 

VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Two Thousand Eight Hundred 
Sixty-two Dollars ($2,862) shall be made available to the 
Department of Post Mortem Examiners of the City of 
Baltimore as a supplementary special fund appropriation 
for the fiscal year ending June 30, 1978 for the purpose of 
paying for Negotiated Salary and Wage Increases and 
Longevity Increments. The amount thus made available 
as a supplementary special fund appropriation shall be 
expended from a grant of funds to the Mayor and City 
Council of Baltimore by the Federal Government under the 
Intergovernmental Antirecession Assistance Act of 1977, 
said sum being allotted to the Mayor and City Council of 
Baltimore for the aforesaid purpose; and said funds from 
said Federal Government shall be the source of revenue 
for this supplementary special fund appropriation, as re- 
quired by Article VI, Section 2(h) of the 1964 revised 
Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 648 
(Council No. 1379) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Three Hundred Fifty-two 
Thousand One Hundred Seventy-nine Dollars ($352,179) 
to the Department of Public Works to be used for paying 
for Negotiated Salary and Wage Increases and Longevity 
Increments, in accordance with the provisions of Article 



94 ORDINANCES Ord. No. 648 

VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Three Hundred Fifty-two Thou- 
sand One Hundred Seventy-nine Dollars ($352,179) shall 
be made available to the Department of Public Works of 
the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1978 for 
the purpose of paying for Negotiated Salary and Wage 
Increases and Longevity Increments. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Federal Government 
under the Intergovernmental Antirecession Assistance Act 
of 1977, said sum being allotted to the Mayor and City 
Council of Baltimore for the aforesaid purpose; and said 
funds from said Federal Government shall be the source 
of revenue for this supplementary special fund appropria- 
tion, as required by Article VI, Section 2(h) of the 1964 
revised Charter of Baltimore City. 

Provided that said sum of Three Hundred Fifty-two 
Thousand One Hundred Seventy-nine Dollars ($352,179) 
shall be appropriated as follows: 

Program 190, Administrative 

Direction and Control $ 6,349 

Program 191, Survey Control $12,218 



ORDINANCES 95 

Program 193, Public Building Management .. $28,492 

Program 195, Abandoned Vehicles $ 4,539 

Program 196, Special Services $ 9,489 

Program 198, Engineering 

Administration and Support $12,020 

Program 241, Materials, Weights 

and Measures Testing $ 5,251 

Program 500, Street Lighting $ 6,779 

Program 501, Public Streets, 

Bridges and Highways $31,890 

Program 512, Engineering Design $ 4,588 

Program 515, Refuse Collection $89,655 

Program 516, Refuse Disposal $10,679 

Program 518, Maintenance and 

Repair of Storm Water System $ 7,494 

Program 544, Maintenance and 
Repair of Sanitary System $18,551 

Program 546, Water Distribution, 

Water Meters and Invest $33,011 

Program 548, Conduits $ 5,238 

Program 550, Waste Water 
Treatment and Pumping $30,793 

Program 552, Water Supply 

Treatment and Pumping $22,995 

Program 561, Consumer Services $12,148 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



96 ORDINANCES Ord. No. 649 

No. 649 
(Council No. 1380) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Hundred Thirteen 
Thousand six Hundred Sixty-two Dollars ($113,662) to 
the Department of Recreation and Parks to be used for 
paying for Negotiated Salary and Wage Increases and 
Longevity Increments, in accordance with the provisions 
of Article VI, Section 2(h)(2) of the Baltimore City 
Charter (1964 Revision). 

Whereas , the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Hundred Thirteen Thou- 
sand Six Hundred Sixty-two Dollars ($113,662) shall be 
made available to the Department of Recreation and Parks 
of the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1978 for 
the purpose of paying for Negotiated Salary and Wage 
Increases and Longevity Increments. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Federal Government 
under the Intergovernmental Antirecession Assistance Act 
of 1977, said sum being allotted to the Mayor and City 
Council of Baltimore for the aforesaid purpose; and said 
funds from said Federal Government shall be the source 
of revenue for this supplementary special fund appropria- 



ORDINANCES 97 

tion, as required by Article VI, Section 2(h) of the 1964 
revised Charter of Baltimore City. 

Provided that said sum of One Hundred Thirteen Thou- 
sand Six Hundred Sixty-two Dollars ($113,662) shall be 
appropriated as follows: 

Program 471, Administrative 

Direction and Control $ 1,692 

Program 473, Municipal Concerts 

and Other Musical Events $ 143 

Program 478, General Park Services $48,375 

Program 479, Special Park Facilities $14,491 

Program 480, Regular Recreational Services $46,182 

Program 505, Street Trees $ 2,779 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 650 
(Council No. 1381) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Twenty-three Thousand 
Seven Hundred Forty-nine Dollars ($23,749) to the De- 
partment of Transit and Traffic to be used for paying for 
Negotiated Salary and Wage Increases and Longevity 
Increments, in accordance with the provisions of Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates; and 



$8 ORDINANCES Ord. No. 650 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Twenty-three Thousand Seven 
Hundred Forty-nine Dollars ($23,749) shall be made avail- 
able to the Department of Transit and Traffic of the City 
of Baltimore as a supplementary special fund appropria- 
tion for the fiscal year ending June 30, 1978 for the purpose 
of paying for Negotiated Salary and Wage Increases and 
Longevity Increments. The amount thus made available as 
a supplementary special fund appropriation shall be ex- 
pended from a grant of funds to the Mayor and City 
Council of Baltimore by the Federal Government under the 
Intergovernmental Antirecession Assistance Act of 1977, 
said sum being allotted to the Mayor and City Council of 
Baltimore for the aforesaid purpose; and said funds from 
said Federal Government shall be the source of revenue 
for this supplementary special fund appropriation, as re- 
quired by Article VI, Section 2(h) of the 1964 revised 
Charter of Baltimore City. 

Provided that said sum of Twenty-three Thousand Seven 
Hundred Forty-nine Dollars ($23,749) shall be appropri- 
ated as follows : 

Program 230, Administrative 

Direction and Control $3,634 

Program 231, Traffic Planning 

and Engineering $4,877 

Program 232, Metered Parking Control $2,094 

Program 233, Traffic Signs and 
Street Markings $4,993 

Program 234, Construction and 

Maintenance of Traffic Signals $8,151 



ORDINANCES 99 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 651 
(Council No. 1382) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Thousand Two Hun- 
dred Forty Dollars ($1,240) to the Department of the 
Treasurer to be used for paying for Negotiated Salary 
and Wage Increases and Longevity Increments, in ac- 
cordance with the provisions of Article VI, Section 2- 
(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Thousand Two Hundred 
Forty Dollars ($1,240) shall be made available to the De- 
partment of the Treasurer of the City of Baltimore as a 
supplementary special fund appropriation for the fiscal year 
ending June 30, 1978 for the purpose of paying for Nego- 
tiated Salary and Wage Increases and Longevity Incre- 
ments. The amount thus made available as a supplementary 



100 ORDINANCES Ord. No. 652 

special fund appropriation shall be expended from a grant 
of funds to the Mayor and City Council of Baltimore by 
the Federal Government under the Intergovernmental Anti- 
recession Assistance Act of 1977, said sum being allotted 
to the Mayor and City Council of Baltimore for the afore- 
said purpose ; and said funds from said Federal Government 
shall be the source of revenue for this supplementary special 
fund appropriation, as required by Article VI, Section 2(h) 
of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 652 
(Council No. 1383) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Three Thousand Six Hun- 
dred One Dollars ($3,601) to the Urban Services Agency 
to be used for paying for Negotiated Salary and Wage 
Increases and Longevity Increments, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 



ORDINANCES 101 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Three Thousand Six Hundred 
One Dollars ($3,601) shall be made available to the Urban 
Services Agency of the City of Baltimore as a supple- 
mentary special fund appropriation for the fiscal year end- 
ing June 30, 1978 for the purpose of paying for Negotiated 
Salary and Wage Increases and Longevity Increments. The 
amount thus made available as a supplementary special 
fund appropriation shall be expended from a grant of 
funds to the Mayor and City Council of Baltimore by the 
Federal Government under the Intergovernmental Anti- 
recession Assistance Act of 1977, said sum being allotted 
to the Mayor and City Council of Baltimore for the afore- 
said purpose; and said funds from said Federal Govern- 
ment shall be the source of revenue for this supplementary 
special fund appropriation, as required by Article VI, Sec- 
tion 2(h) of the 1964 revised Charter of Baltimore City. 

Provided that said sum of Three Thousand Six Hundred 
One Dollars ($3,601) shall be appropriated as follows: 

Program 119, Community 

Center Administration $2,320 

Program 171, Administration $1,281 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 653 
(Council No. 1384) 



An Ordinance providing for a supplementary special fund 
appropriation in the amount of Four Hundred Ninety- 
nine Dollars ($499) to the War Memorial Commission 



102 ORDINANCES Ord. No. 653 

to be used for paying for Negotiated Salary and Wage 
Increases and Longevity Increments, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Four Hundred Ninety-nine Dol- 
lars ($499) shall be made available to the War Memorial 
Commission of the City of Baltimore as a supplementary 
special fund appropriation for the fiscal year ending June 
30, 1978 for the purpose of paying for Negotiated Salary 
and Wage Increases and Longevity Increments. The amount 
thus made available as a supplementary special fund appro- 
priation shall be expended from a grant of funds to the 
Mayor and City Council of Baltimore by the Federal Gov- 
ernment under the Intergovernmental Antirecession As- 
sistance Act of 1977, said sum being allotted to the Mayor 
and City Council of Baltimore for the aforesaid purpose; 
and said funds from said Federal Government shall be the 
source of revenue for this supplementary special fund 
appropriation, as required by Article VI, Section 2(h) of 
the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 






ORDINANCES 103 

No. 654 
(Council No. 1385) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Hundred Ninety-six 
Dollars ($196) to the Sheriff's Office of Baltimore City 
to be used for paying for Negotiated Salary and Wage 
Increases and Longevity Increments, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Hundred Ninety-six Dollars 
($196) shall be made available to the Sheriff's Office of 
the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1978 for 
the purpose of paying for Negotiated Salary and Wage 
Increases and Longevity Increments. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Federal Government under 
the Intergovernmental Antirecession Assistance Act of 
1977, said sum being allotted to the Mayor and City Council 
of Baltimore for the aforesaid purpose; and said funds 
from said Federal Government shall be the source of rev- 
enue for this supplementary special fund appropriation, 
as required by Article VI, Section 2(h) of the 1964 revised 
Charter of Baltimore City. 



104 ORDINANCES Ord. No. 655 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 655 
(Council No. 1386) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Eighty-seven Dollars 
($87) to the Board of Supervisors of Elections to be used 
for paying for Negotiated Salary and Wage Increases 
and Longevity Increments, in accordance with the pro- 
visions of Article VI, Section 2(h)(2) of the Baltimore 
City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Eighty-seven Dollars ($87) shall 
be made available to the Board of Supervisors of Elections 
of the City of Baltimore as a supplementary special fund 
appropriation for the fiscal year ending June 30, 1978 for 
the purpose of paying for Negotiated Salary and Wage 
Increases and Longevity Increments. The amount thus made 
available as a supplementary special fund appropriation 



ORDINANCES 105 

shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Federal Government under 
the Intergovernmental Antirecession Assistance Act of 
1977, said sum being allotted to the Mayor and City Council 
of Baltimore for the aforesaid purpose; and said funds 
from said Federal Government shall be the source of rev- 
enue for this supplementary special fund appropriation, as 
required by Article VI, Section 2(h) of the 1964 revised 
Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 656 
(Council No. 1387) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Thousand Two Dol- 
lars ($1,002) to the Department of Municipal and Zoning 
Appeals to be used for paying for Negotiated Salary and 
Wage Increases and Longevity Increments, in accordance 
with the provisions of Article VI, Section 2(h)(2) of 
the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 



106 ORDINANCES Ord. No. 657 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Thousand Two Dollars 
($1,002) shall be made available to the Department of 
Municipal and Zoning Appeals of the City of Baltimore 
as a supplementary special fund appropriation for the fiscal 
year ending June 30, 1978 for the purpose of paying for 
Negotiated Salary and Wage Increases and Longevity In- 
crements. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum 
being allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose ; and said funds from said Federal 
Government shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 657 
(Council No. 1388) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Thousand Eight Hun- 
dred Ninety-six Dollars ($1,896) to the Department of 
Legislative Reference to be used for paying for Negoti- 
ated Salary and Wage Increases and Longevity Incre- 
ments, in accordance with the provisions of Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 



ORDINANCES 107 

expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Thousand Eight Hundred 
Ninety-six Dollars ($1,896) shall be made available to the 
Department of Legislative Reference of the City of Balti- 
more as a supplementary special fund appropriation for 
the fiscal year ending June 30, 1978 for the purpose of pay- 
ing for Negotiated Salary and Wage Increases and Longev- 
ity Increments. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum 
being allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose ; and said funds from said Federal 
Government shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 

Provided that said sum of One Thousand Eight Hundred 
Ninety-six Dollars ($1,896) shall be appropriated as fol- 
lows: 

Program 106, Legislative Reference Services $ 717 

Program 107, Records Management $1,179 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



108 ORDINANCES Ord. No. 658 

No. 658 
(Council No. 1389) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Fifty-four Thousand Nine 
Hundred Sixty-five Dollars ($54,965) to the Enoch Pratt 
Free Library to be used for paying for Negotiated Salary 
and Wage Increases and Longevity Increments, in accord- 
ance with the provisions of Article VI, Section 2(h)(2) 
of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Fifty-four Thousand Nine Hun- 
dred Sixty-five Dollars ($54,965) shall be made available 
to the Enoch Pratt Free Library of the City of Baltimore 
as a supplementary special fund appropriation for the 
fiscal year ending June 30, 1978 for the purpose of paying 
for Negotiated Salary and Wage Increases and Longevity 
Increments. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum 
being allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose ; and said funds from said Federal 
Government shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 



ORDINANCES 109 

Provided that said sum of Fifty-four Thousand Nine Hun- 
dred Sixty-five Dollars ($54,965) shall be appropriated as 
follows : 

Program 450, Administration and 

Technical Services $13,081 

Program 452, Extension Services $26,024 

Program 453, State Library Resource Center $15,860 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 659 

(Council No. 1390) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Three Thousand Seven 
Hundred Dollars ($3,700) to the Mayor's Office to be 
used for paying for Negotiated Salary and Wage In- 
creases and Longevity Increments, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 



110 ORDINANCES Ord. No. 660 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Three Thousand Seven Hundred 
Dollars ($3,700) shall be made available to the Mayor's 
Office of the City of Baltimore as a supplementary special 
fund appropriation for the fiscal year ending June 30, 1978 
for the purpose of paying for Negotiated Salary and Wage 
Increases and Longevity Increments. The amount thus 
made available as a supplementary special fund appropria- 
tion shall be expended from a grant of funds to the Mayor 
and City Council of Baltimore by the Federal Government 
under the Intergovernmental Antirecession Assistance Act 
of 1977, said sum being allotted to the Mayor and City 
Council of Baltimore for the aforesaid purpose; and said 
funds from said Federal Government shall be the source 
of revenue for this supplementary special fund appropria- 
tion, as required by Article VI, Section 2(h) of the 1964 
revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 660 
(Council No. 1391) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Hundred Seventy-four 
Dollars ($174) to the Mayor's Task Force for Liaison 
with the General Assembly to be used for paying for 
Negotiated Salary and Wage Increases and Longevity In- 
crements, in accordance with the provisions of Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 



ORDINANCES 111 

expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Hundred Seventy-four Dol- 
lars ($174) shall be made available to the Mayor's Task 
Force for Liaison with the General Assembly of the City 
of Baltimore as a supplementary special fund appropriation 
for the fiscal year ending June 30, 1978 for the purpose 
of paying for Negotiated Salary and Wage Increases and 
Longevity Increments. The amount thus made available as 
a supplementary special fund appropriation shall be ex- 
pended from a grant of funds to the Mayor and City Council 
of Baltimore by the Federal Government under the Inter- 
governmental Antirecession Assistance Act of 1977, said 
sum being allotted to the Mayor and City Council of Balti- 
more for the aforesaid purpose; and said funds from said 
Federal Government shall be the source of revenue for this 
supplementary special fund appropriation, as required by 
Article VI, Section 2(h) of the 1964 revised Charter of 
Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



112 ORDINANCES Ord. No. 661 

No. 661 
(Council No. 1392) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Seven Hundred Sixty- 
three Dollars ($763) to the Office of the Labor Commis- 
sioner to be used for paying for Negotiated Salary and 
Wage Increases and Longevity Increments, in accordance 
with the provisions of Article VI, Section 2(h) (2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h) (2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Seven Hundred Sixty-three Dol- 
lars ($763) shall be made available to the Office of the 
Labor Commissioner of the City of Baltimore as a supple- 
mentary special fund appropriation for the fiscal year end- 
ing June 30, 1978 for the purpose of paying for Negotiated 
Salary and Wage Increases and Longevity Increments. The 
amount thus made available as a supplementary special 
fund appropriation shall be expended from a grant of funds 
to the Mayor and City Council of Baltimore by the Federal 
Government under the Intergovernmental Antirecession As- 
sistance Act of 1977, said sum being allotted to the Mayor 
and City Council of Baltimore for the aforesaid purpose; 
and said funds from said Federal Government shall be the 
source of revenue for this supplementary special fund ap- 
propriation, as required by Article VI, Section 2(h) of the 
1964 revised Charter of Baltimore City. 



ORDINANCES 113 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 662 
(Council No. 1393) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Two Thousand Seven 
Hundred Ninety-one Dollars ($2,791) to the Commission 
on Aging and Retirement Education to be used for paying 
for Negotiated Salary and Wage Increases and Longevity 
Increments, in accordance with the provisions of Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Two Thousand Seven Hundred 
Ninety-one Dollars ($2,791) shall be made available to the 
Commission on Aging and Retirement Education of the 
City of Baltimore as a supplementary special fund appro- 
priation for the fiscal year ending June 30, 1978 for the 
purpose of paying for Negotiated Salary and Wage In- 



114 



ORDINANCES 



Ord. No. 663 



creases and Longevity Increments. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Federal Government under 
the Intergovernmental Antirecession Assistance Act of 
1977, said sum being allotted to the Mayor and City Council 
of Baltimore for the aforesaid purpose; and said funds 
from said Federal Government shall be the source of rev- 
enue for this supplementary special fund appropriation, as 
required by Article VI, Section 2(h) of the 1964 revised 
Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 663 
(Council No. 1394) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Four Hundred Thirty- 
two Dollars ($432) to the Mayor's Advisory Committee 
on Art and Culture to be used for paying for Negotiated 
Salary and Wage Increases and Longevity Increments, 
in accordance with the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 



ORDINANCES 115 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Four Hundred Thirty-two Dol- 
lars ($432) shall be made available to the Mayor's Advisory 
Committee on Art and Culture of the City of Baltimore as 
a supplementary special fund appropriation for the fiscal 
year ending June 30, 1978 for the purpose of paying for 
Negotiated Salary and Wage Increases and Longevity In- 
crements. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum be- 
ing allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose ; and said funds from said Federal 
Government shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 664 
(Council No. 1395) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Thousand Sixty-two 
Dollars ($1,062) to the Office of Telecommunications to 
be used for paying for Negotiated Salary and Wage In- 
creases and Longevity Increments, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 



116 ORDINANCES Ord. No. 664 

expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Thousand Sixty-two Dollars 
($1,062) shall be made available to the Office of Telecom- 
munications of the City of Baltimore as a supplementary 
special fund appropriation for the fiscal year ending June 
30, 1978 for the purpose of paying for Negotiated Salary 
and Wage Increases and Longevity Increments. The amount 
thus made available as a suplementary special fund appro- 
priation shall be expended from a grant of funds to the 
Mayor and City Council of Baltimore by the Federal Gov- 
ernment under the Intergovernmental Antirecession As- 
sistance Act of 1977, said sum being allotted to the Mayor 
and City Council of Baltimore for the aforesaid purpose; 
and said funds from said Federal Government shall be the 
source of revenue for this supplementary special fund ap- 
propriation, as required by Article VI, Section 2(h) of the 
1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 117 

No. 665 
(Council No. 1396) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Thousand Four Hun- 
dred Ninety-four Dollars ($1,494) to the Mayor's Co- 
ordinating Council on Criminal Justice to be used for 
paying for Negotiated Salary and Wage Increases and 
Longevity Increments, in accordance with the provisions 
of Article VI, Section 2(h)(2) of the Baltimore City 
Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Thousand Four Hundred 
Ninety-four Dollars ($1,494) shall be made available to 
the Mayor's Coordinating Council on Criminal Justice of 
the City of Batimore as a supplementary special fund ap- 
propriation for the fiscal year ending June 30, 1978 for 
the purpose of paying for Negotiated Salary and Wage In- 
creases and Longevity Increments. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Federal Government under 
the Intergovernmental Antirecession Assistance Act of 
1977, said sum being allotted to the Mayor and City Council 
of Baltimore for the aforesaid purpose ; and said funds from 
said Federal Government shall be the source of revenue 
for this supplementary special fund appropriation, as re- 



118 ORDINANCES Ord. No. 666 

quired by Article VI, Section 2(h) of the 1964 revised 
Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 666 
(Council No. 1397) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Two Thousand One Hun- 
dred Eighty-five Dollars ($2,185) to the Office of Safety 
to be used for paying for Negotiated Salary and Wage 
Increases and Longevity Increments, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Two Thousand One Hundred 
Eighty-five Dollars ($2,185) shall be made available to 
the Office of Safety of the City of Baltimore as a supple- 
mentary special fund appropriation for the fiscal year end- 



ORDINANCES 119 

ing June 30, 1978 for the purpose of paying for Negotiated 
Salary and Wage Increases and Longevity Increments. The 
amount thus made available as a supplementary special fund 
appropriation shall be expended from a grant of funds to 
the Mayor and City Council of Baltimore by the Federal 
Government under the Intergovernmental Antirecession 
Assistance Act of 1977, said sum being allotted to the Mayor 
and City Council of Baltimore for the aforesaid purpose; 
and said funds from said Federal Government shall be the 
source of revenue for this supplementary special fund ap- 
propriation, as required by Article VI, Section 2(h) of the 
1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 667 
(Council No. 1398) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Five Hundred Twenty- 
five Dollars ($525) to the Mayor's Advisory Committee 
on Small Business to be used for paying for Negotiated 
Salary and Wage Increases and Longevity Increments, 
in accordance with the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 



120 ORDINANCES Ord. No. 668 

VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Five Hundred Twenty-five Dol- 
lars ($525) shall be made available to the Mayor's Advisory 
Committee on Small Business of the City of Baltimore as 
a supplementary special fund appropriation for the fiscal 
year ending June 30, 1978 for the purpose of paying for 
Negotiated Salary and Wage Increases and Longevity In- 
crements. The amount thus made available as a supple- 
mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum be- 
ing allotted to the Mayor and City Council of Baltimore for 
the aforesaid purpose; and said funds from said Federal 
Government shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 668 

(Council No. 1399) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Nine Hundred Seven 
Dollars ($907) to the Minimum Wage Commission to be 
used for paying for Negotiated Salary and Wage In- 
creases and Longevity Increments, in accordance with 



ORDINANCES 121 

the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Nine Hundred Seven Dollars 
($907) shall be made available to the Minimum Wage Com- 
mission of the City of Baltimore as a supplementary special 
fund appropriation for the fiscal year ending June 30, 1978 
for the purpose of paying for Negotiated Salary and Wage 
Increases and Longevity Increments. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Federal Government under 
the Intergovernmental Antirecession Assistance Act of 
1977, said sum being allotted to the Mayor and City Council 
of Baltimore for the aforesaid purpose ; and said funds from 
said Federal Government shall be the source of revenue for 
this supplementary special fund appropriation, as required 
by Article VI, Section 2(h) of the 1964 revised Charter of 
Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



122 ORDINANCES Ord. No. 669 

No. 669 
(Council No. 1400) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Five Thousand Seven 
Hundred Thirty-four Dollars ($5,734) to the Baltimore 
Museum of Art to be used for paying for Negotiated 
Salary and Wage Increases and Longevity Increments, 
in accordance with the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Five Thousand Seven Hundred 
Thirty-four Dollars ($5,734) shall be made available to the 
Museum of Art of the City of Baltimore as a supplementary 
special fund appropriation for the fiscal year ending June 
30, 1978 for the purpose of paying for Negotiated Salary 
and Wage Increases and Longevity Increments. The amount 
thus made available as a supplementary special fund ap- 
propriation shall be expended from a grant of funds to the 
Mayor and City Council of Baltimore by the Federal Gov- 
ernment under the Intergovernmental Antirecession As- 
sistance Act of 1977, said sum being allotted to the Mayor 
and City Council of Baltimore for the aforesaid purpose; 
and said funds from said Federal Government shall be the 
source of revenue for this supplementary special fund ap- 
propriation, as required by Article VI, Section 2(h) of the 
1964 revised Charter of Baltimore City. 



ORDINANCES 123 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 670 

(Council No. 1401) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Seven Thousand Nine 
Hundred Twenty-five Dollars ($7,925) to the Department 
of Planning to be used for paying for Negotiated Salary 
and Wage Increases and Longevity Increments, in ac- 
cordance with the provisions of Article VI, Section 2- 
(h)(2) of the Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Seven Thousand Nine Hundred 
Twenty-five Dollars ($7,925) shall be made available to the 
Department of Planning of the City of Baltimore as a 
supplementary special fund appropriation for the fiscal 
year ending June 30, 1978 for the purpose of paying for 
Negotiated Salary and Wage Increases and Longevity In- 
crements. The amount thus made available as a supple- 



124 ORDINANCES Ord. No. 671 

mentary special fund appropriation shall be expended from 
a grant of funds to the Mayor and City Council of Balti- 
more by the Federal Government under the Intergovern- 
mental Antirecession Assistance Act of 1977, said sum be- 
ing allotted to the Mayor and City Council of Baltimore 
for the aforesaid purpose ; and said funds from said Federal 
Government shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h) of the 1964 revised Charter of Baltimore 
City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 671 

(Council No. 1402) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Five Hundred Thirty- 
eight Thousand Seven Hundred Twenty-eight Dollars 
($538,728) to the Police Department to be used for pay- 
ing for Negotiated Salary and Wage Increases and Lon- 
gevity Increments, in accordance with the provisions of 
Article VI, Section 2(h) (2) of the Baltimore City Charter 
(1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a governmental source which could not be 
expected with reasonable certainty at the time of the 
formulation of the fiscal 1978 Ordinance of Estimates ; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
18th day of January, 1978, all in accordance with Article 



ORDINANCES 125 

VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Five Hundred Thirty-eight 
Thousand Seven Hundred Twenty-eight Dollars ($538,728) 
shall be made available to the Police Department of the 
City of Baltimore as a supplementary special fund appro- 
priation for the fiscal year ending June 30, 1978 for the 
purpose of paying for Negotiated Salary and Wage In- 
creases and Longevity Increments. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Federal Government under 
the Intergovernmental Antirecession Assistance Act of 
1977, said sum being allotted to the Mayor and City Council 
of Baltimore for the aforesaid purpose; and said funds 
from said Federal Government shall be the source of rev- 
enue for this supplementary special fund appropriation, as 
required by Article VI, Section 2(h) of the 1964 revised 
Charter of Baltimore City. 

Provided that said sum of Five Hundred Thirty-eight 
Thousand Seven Hundred Twenty-eight Dollars ($538,728) 
shall be appropriated as follows: 

Program 200, Administrative 

Direction and Control $ 31,966 

Program 201, General Patrol $367,540 

Program 202, Investigations $ 55,993 

Program 203, Traffic $ 33,155 

Program 204, Services Bureau $ 50,074 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved February 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



126 ORDINANCES Ord. No. 672 

No. 672 
(Council No. 1215) 

An Ordinance to add a new Section 179 to Article 19 of the 
Baltimore City Code (1966 Edition), title "Police Ordi- 
nances", subtitle "Special Enforcement Officers'', pro- 
viding for the appointment of Special Enforcement 
Officers by the Police Commissioner, providing for their 
duties to issuo »»4 serve summons to appear in District 
Court proceedings involving enforcement of certain City 
ordinances; providing for their right to receive complaints 
and investigate violations of such ordinances as well as 
certain state laws and regulations; providing limitations 
on their powers particularly with reference to the power 
to make arrests or to take violators into custody; and 
providing for the keeping of records of their appointment 
and their attire. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That a new Section 179 be and is hereby 
added to Article 19 of the Baltimore City Code (1966 Edi- 
tion) title "Police Ordinances", subtitle "Special Enforce- 
ment Officers", the section to follow immediately after Sec- 
tion 178, thereof, and to read as follows : 

179 Special Enforcement Officers 

1) The Commissioner of Health and the Commissioner of 
Housing and Community Development shall from time to 
time certify to the Police Commissioner of Baltimore City 
the names of employees of their respective department for 
appointment by the Police Commissioner as Special Enforce- 
ment Officers. 

2) Upon their appointment, the Officers shall have the 
poiver to issue emd serve summonses to appear before the 
Housing Part of the District Court for Baltimore City in 
proceedings for enforcement of any City ordinance per- 
taining to its building, housing, zoning, fire, public health 
and sanitation codes. 

&)- ¥ho Officore may also roooivo complaints and investi 
gate aU violations of ordinances pertaining to £h# City'e 



ORDINANCES 127 

Building, houeing> zoning^ fae? publio health and sanitation 
oodoe, and may €blse invootigato violation*) reported te thorn 
by a etato dopartmont or agonoy of wny etato lam or regula 

■fJ)f\iY) ( >f\ / Y}(\f\'Y'Y}.i'Yt.cf h m.}1.f$.'}. / y) tut 'Y yjj . hJ t (\ h,( in,lf^Ji, ti,y (\ or fUS MA tdti OTT, 

J?)- 3) The Officers appointed may not arrest or take into 
custody any violator of such ordinances or otherwise have 
the power of arrest in their official capacity. 

5± U) A record of appointment of the Officers shall be 
kept by the Police Commissioner and any appointment may 
be revoked by him at any time. 

&)■ 5) The form of badge and type of uniform if any worn 
by the appointed officers shall be approved by the Police 
Commissioner. 

Sec. 2. And be it further ordained, that this ordinance 
shall take effect from the date of passage. 

Approved February 27, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 673 
(Council No. 1159) 

An Ordinance to amend Sheet No. 3 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 
Edition) title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the B-l-1 Zoning Dis- 
trict to the R-l Zoning District the property on the west 
side of Greenspring Avenue, known as 5722 Greenspring 
Avenue as outlined in red on the plat accompanying this 
ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 3 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "Zoning" (Ordinance No. 1051, approved April 
20, 1971), be and it is hereby amended by changing from 



128 ORDINANCES Ord. No. 674 

the B-l-1 Zoning District to the R-l Zoning District the 
property on the west side of Greenspring Avenue, known 
as 5722 Greenspring Avenue, as outlined in red on the 
plats accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following: the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the De- 
partment of Housing and Community Development and 
the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 3, 1978. 

WILLIAM DONALD SCHAEFER, Mayor, 



No. 674 
(Council No. 1160) 

An Ordinance to amend Sheet No. 3 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the B-l-1 Zoning Dis- 
trict to the R-l Zoning District the properties on the 
west side of Greenspring Avenue, known as 5718 and 5720 
Greenspring Avenue, as outlined in red on the plats 
accompanying this ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 3 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 



ORDINANCES 129 

tion), title "Zoning" (Ordinance No. 1051, approved April 
20, 1971), be and it is hereby amended by changing from 
the B-l-1 Zoning District to the R-l Zoning District the 
properties on the west side of Greenspring Avenue, known 
as 5718 and 5720 Greenspring Avenue, as outlined in red on 
the plats accompanying this ordinance. 

SEC. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and, when the Mayor approves this ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following : the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the De- 
partment of Housing and Community Development and the 
Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 3, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 675 

(Council No. 1328) 

An Ordinance granting permission and authority to Exxon 
Corporation, a body corporate, to construct, maintain and 
use a pipe trestle above and across Cardiff Avenue be- 
tween South Clinton Street and Highland Avenue. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission and authority be and the 
same are hereby granted to Exxon Corporation, a body 
corporate, its successors and assigns, hereinafter referred 
to as the "grantee," to construct, maintain, and use, at its 



130 ORDINANCES Ord. No. 675 

own cost and expense for a period not exceeding 25 years, 
a pipe trestle above and across Cardiff Avenue between 
South Clinton Street and Highland Avenue, which pipe 
trestle shall carry a three inch steam and a one and a half 
inch condensate return pipe across Cardiff Avenue from a 
new warehouse building at 1401 South Clinton Street to 
an existing Exxon pipe trestle. 

Sec. 2. And be it further ordained, That the pipe trestle 
shall be located as follows: Beginning at a point approxi- 
mately one foot west of the intersection of the west side of 
Highland Avenue and the north side of Cardiff Avenue at 
the property of the Grantee, thence southerly over and 
across Cardiff Avenue the distance of approximately 67 
feet, thence westerly above and along the south side of 
Cardiff Avenue approximately 8 feet, thence southerly 
approximately 3 feet to the property of the Grantee, at a 
point approximately 12 feet west of the intersection of the 
west side of Highland Avenue and the south side of Cardiff 
Avenue. 

The overall size of the entire construction for the piping 
over and across public property shall be approximately 78 
linear feet in length, and 5 feet in width, at a height of 
approximately 19 feet, 5 inches above the grade of Cardiff 
Avenue to the piping on the structure. 

No woodwork or other combustible materials shall be 
used in the construction or maintenance of said pipe trestle 
and said structure shall be constructed in all respects in 
accordance with the Building Code of Baltimore City and 
shall be constructed, completed and maintained under the 
supervision and to the satisfaction of the Commissioner, 
Department of Housing and Community Development of 
Baltimore City, and shall be, at all times hereafter, subject 
to regulation and control by the said Commissioner. 

Sec. 3. And be it further ordained, That the Mayor and 
City Council of Baltimore hereby expressly reserves the 
right and power at all times to exercise, in the interest of 
the public, full municipal superintendence, regulation and 
control in respect to all matters connected with this grant, 
and not inconsistent with the terms thereof. 



ORDINANCES 131 

SEC. 4. And be it further ordained, That the franchise 
or right granted by this ordinance shall be executed and 
enjoyed within six months after the grant. 

Sec. 5. And be it further ordained, That the said grantee, 
its successors and assigns, shall maintain the said pipe 
trestle in good condition throughout the full term of this 
grant, so long as said pipe trestle remains in and above 
said street. 

Sec. 6. And be it further ordained, That the said grantee, 
its successors and assigns, shall pay to the said Mayor and 
City Council of Baltimore, as compensation for the fran- 
chise or privilege hereby granted, the sum of 

per year, payable 
in advance during the continuance of this franchise or 
privilege, provided, however, that the Mayor and City 
Council of Baltimore, acting by and through the Board 
of Estimates, may increase or decrease the franchise charge 
payable by the grantee under the provisions hereof by 
giving written notice to that effect to the grantee at least 
one hundred and fifty (150) days prior to the expiration 
of the first five years of the term granted herein, or at 
the expiration of any subsequent five- (5-) year period of 
said term granted herein, any such increase or decrease 
of said franchise charge to be effective as of the beginning 
of the next succeeding five- (5-) year period of the term 
granted herein. 

Sec. 7. And be it further ordained, That non-compliance 
at any time or times with any of the terms or conditions 
of the grant hereby made shall, at the option of the Mayor 
and City Council of Baltimore, operate as a forfeiture of 
the same, which shall thereupon be and become void, and 
that nothing short of an ordinance of the Mayor and City 
Council of Baltimore shall operate as a waiver of any 
forfeiture of the grant hereby made. 

Sec. 8. And be it further ordained, That the Mayor of 
Baltimore City shall have the right to revoke the rights 
and privileges hereby granted at any time or times when, 
in his judgment, the public interest, welfare, safety, or 



132 ORDINANCES Ord. No. 675 

convenience requires such revocation, and upon written 
notice to that effect from the Mayor of Baltimore City 
served upon the grantee, its successors or assigns, all such 
rights shall cease and determine. 

Sec. 9. And be it further ordained, That in the event of 
any revocation, forfeiture, or termination of the rights 
and privileges by this ordinance granted the said grantee, 
its successors and assigns, shall, at their expense, promptly 
remove said pipe trestle in a manner satisfactory to the 
Commissioner, Department of Housing and Community 
Development, without any compensation to the grantee, 
its successors and assigns. 

Sec. 10. And be it further ordained, That the said 
grantee, its successors and assigns, shall be liable for and 
shall indemnify and save harmless the Mayor and City 
Council of Baltimore from and against any and all suits, 
losses, costs, claims, damages, or expenses to which the 
said Mayor and City Council of Baltimore may, from time 
to time, be subjected on account of by reason of, or in any 
way resulting from — 

(a) the presence, construction, use, operation, mainte- 
nance, alteration, repair, location, relocation or removal 
of said pipe trestle ; and 

(b) any failure on the part of said grantee, its succes- 
sors and assigns, to perform, promptly and properly, any 
of the duties or obligations imposed upon it or them by 
the terms and provisions of this ordinance. 

Sec. 11. And be it further ordained, That said Exxon 
Corporation, its successors and assigns, shall pay to the 
City within 30 days after written notice from the Director 
of Public Works of Baltimore City, of the amount due, 
the cost of relocating, strengthening, or encasing in con- 
crete all subsurface structures belonging to the Mayor 
and City Council of Baltimore located in said street, in 
or adjacent to the space to be occupied by said pipe trestle 
and shall also pay to the City, within 30 days after written 
notice from the said Director of Public Works of the 
amount due, the cost of relocating any surface structures 



ORDINANCES 133 

belonging to the City made necessary by the construction 
of said pipe trestle, the judgment of the Director of Public 
Works as to the work necessary to safeguard said sub- 
surface structures and as to the necessity of relocating any 
surface structures to be final. 

Sec. 12. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 3, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 676 

(Council No. 1433) 

An Ordinance to repeal and reordain, with amendments, 
Section 3.0-1 and Section 3.0-2 of Article 30 of the 
Baltimore City Code (1966 Edition), title "The Zoning 
Ordinance of Baltimore City," as ordained by Ordinance 
1051, approved April 20, 1971 ; to add a new Chapter 3B 
to said article, code and title, to come under the new 
subtitle "Flood Plain Overlay Districts" ; to create a new 
Zoning District to be known as Flood Plain Overlay Dis- 
trict, providing for the incorporation of maps describing 
Flood Plain Districts, providing for uses in each dis- 
trict, providing for exoneration of liability on City for 
issuance of permits, providing regulations for utilities 
and government services located in a flood zone; pro- 
viding for the granting of variances, special exceptions 
and conditional uses; IMPOSING CERTAIN DUTIES 
ON THE EXECUTIVE SECRETARY OF THE BOARD 
AND THE ZONING ADMINISTRATOR; to add new 
Sections 13.0-2-108 through 13.0-2-114 providing for 
definitions; providing for severability. 

Whereas, the Mayor and City Council has passed Reso- 
lution No. 13, approved October 21, 1971, to show the 
intention of complying with the National Flood Insurance 
Act of 1968, as amended ; and 



134 ORDINANCES Ord. No. 676 

Whereas, the City now desires to comply with the re- 
quirements of said laws by establishing Flood Plain Over- 
lay Districts in order to enable participation in the 
Federal Flood Insurance Program ; 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 3.0-1 and Section 3.0-2 of 
Article 30 of the Baltimore City Code (1966 Edition), title 
"The Zoning Ordinance of Baltimore City/' as ordained 
by Ordinance 1051, approved April 20, 1971, as amended, 
be and are hereby repealed and reordained, with amend- 
ments, and that new Chapter 3B and Sections 13.0-2-108 
through 114 be and are hereby added to the same Article, 
all to read as follows : 

3.0-1 Establishment of Districts 

In order to carry out the purposes and provisions of this 
ordinance, Baltimore City is hereby divided into the fol- 
lowing zoning districts : 

Public Use Districts 

Suffix "P" added to existing zoning classification. Note: 
Added by Ordinance No. 656, approved June 14, 1974. 

Flood Plain Overlay Districts 

Fl Floodway 

F2 Floodway Fringe 

F3 Approximated Flood Plain 

HFZ Harbor Flood Zone 

SFZ Shallow Flood Zone 

Residence Districts 

R-l Single-family Residence District 

R-2 General Residence District 

R-3 Single-family Residence District 

R-4 General Residence District 

R-5 General Residence District 

R-6 General Residence District 

R-7 General Residence District 

R-8 General Residence District 

R-9 General Residence District 
R-10 General Residence District 



ORDINANCES 185 

Office-Residence District 
O-R Office-Residence District 

Business Districts 

B-l Neighborhood Business Districts 

B-2 Community Business District 

B-3 Community Commercial District 

B-4 Central Business District 

B-5 Central Commercial District 

Industrial Districts 

M-l Industrial District 
M-2 Industrial District 
M-3 Industrial District 

3.0-2 Incorporation of Maps 

The location and boundaries of the districts established 
by this ordinance are shown upon the zoning maps, flood 
plain overlay maps and flood profiles, which are hereby 
incorporated into this ordinance. The said zoning maps, 
flood plain overlay maps and flood profiles together with 
everything shown thereon and all amendments thereto, 
shall be as much a part of this ordinance as if fully set 
forth and described herein. As evidence of the authenticity 
of said zoning maps, flood plain overlay maps and flood 
profiles each shall have been duly signed by the Mayor and 
the President of the City Council. 

CHAPTER SB 

FLOOD PLAIN OVERLAY DISTRICT 

Purpose 

The Flood Plain Overlay District classification is de- 
signed to protect human life and health, to minimize 
damage to public and private property, to regulate appro- 
priate use of land in a flood plain in order to prevent or 
minimize future flood damage, to protect the public water 
supply and sanitary sewage disposal systems, to preserve 
natural drainage systems, and to reduce financial burdens 



136 ORDINANCES Ord. No. 676 

imposed on Baltimore City and its citizens by regulating 
the placement and use of structures and the use of land 
in the flood plain. 

Five flood plain districts, each designating a measurable 
degree of flood hazard, are provided. The flood plain is 
clearly delineated in the Flood Insurance Study, effective 
March 15, 1978, prepared for the Department of Housing 
and Urban Development, Federal Insurance Administra- 
tion. FURTHER AMENDMENT OF THE FLOOD PLAIN 
OVERLAY DISTRICT MAPS MUST BE REVIEWED 
AND APPROVED BY THE FLOOD INSURANCE AD- 
MINISTRATOR. 

PART A GENERAL REQUIREMENTS 
SB. 0-1 Use Regulations 

a. Permitted uses are as set forth under each district 
in Part B of this Chapter. Unless otherwise specifically set 
forth, ivherever a permitted use is named as a major cate- 
gory under Part B of this Chapter, it shall be deemed to 
include all and only those itemized uses listed under the 
said category in the applicable district. 

b. Conditional uses, as set forth under each district in 
Part B of this Chapter, may be authorized — subject to the 
provisions of this ordinance. Unless otherwise specifically 
set forth, whenever a conditional use is named as a major 
category under Part B of this Chapter, it shall be deemed 
to include all and only those itemized uses listed under the 
said category in the applicable district. 

c. Uses that are lawfully existing on the effective date 
of this ordinance but are not allowed under the provisions 
of Part B of this Chapter may be continued — subject to the 
provisions of Chapter 8 of this ordinance. 

d. Uses other than those expressly permitted pursuant 
to the provisions contained in this Chapter shall be pro- 
hibited. The outdoor maintenance or storage of abandoned, 
unlicensed, junked, or derelict vehicles is prohibited in all 
districts. 

SB. 0-2 Bulk Regulations 

As otherwise provided, for each underlying district, in 
this Zoning Ordinance. 



ORDINANCES 137 

PART B DISTRICT REQUIREMENTS 
8B.1 Floodway 
a. Permitted uses 

1. Recreation facilities, EXCLUDING ACCESSORY 
BUILDINGS, as follows: 

(a) Athletic Fields 

(b) Golf Courses 

(c) Parks 

(d) Lacrosse and Soccer fields 

SB. 2 Floodway fringe 

a. Permitted uses, accessory uses and conditional uses. 

1 . As set forth in each existing underlying district. 

3B.3 Approximated flood plain 

a. Permitted uses, accessory uses and conditional uses. 

1. As set forth in each existing underlying district. 

8B.li. Harbor flood zone 

a. Permitted uses, accessory uses and conditional uses. 

1. As set forth in each existing underlying district. 

SB. 5 Shallow flood zone 

a. Permitted uses, accessory uses and conditional uses. 

1. As set forth in each existing underlying district. 

SB. 6 Municipal and Personal Liability 

The issuance of a zoning authorization for land, adja- 
cent to or nearby to a delineated flood plain or other land 
which in the future may be found to be a flood plain, is 
not a representation, guarantee, or warranty of any kind 
that such land is not in a flood plain, and shall create no 



138 ORDINANCES Ord. No. 676 

liability upon Baltimore City, its elected and appointed 
officials, or its employees. 

SB. 7 Public Utility and Government Services. 

Notwithstanding other provisions to the contrary, no 
public utility or government service use which may impede, 
retard or change the direction of the flow of water or that 
will catch or collect debris carried by such water, or that 
is placed where the natural flow of the stream or flood 
waters would carry the same downstream to the damage 
or detriment of either public or private property in or 
adjacent to the flood plain,, . and no sanitary landfills shall 
bo locatod in any- flood plain, flood haaard none, or floodwayi 

3B.8 Variances, Special Exceptions, and Conditional 
uses 

Variances, special exceptions, and conditional uses may 
be granted by the Board as provided in Chapter 11 of this 
Zoning Ordinance. In addition to the standards provided 
in Chapter 11, the Board may grant variances, special 
exceptions, and conditional uses in the floodway fringe, 
approximated flood plain, harbor flood zone, and shallow 
flood zone for: 

■fir)- H istoric Areas and Structures for substantial 
improvements, reconstruction, rehabilitation o* restoration 
of- structures on the National Register of Historic Places, 

XT XJOV Cv TVWV ITTrOl/f I V\s j-fw/fwnvw; i fv jl-# vkj Vj ^U JTTwvv a f v w \J JvW I If "/ IJl FH 

tevie Places, op the- City of- Baltimore Landmark List? or m 
a H istorieal and Architectural Preservation District, 

-(£)■( 1) Severe Hardship — for substantial improvements 
where, because of extraordinary circumstances, local con- 
ditions may render the application of certain standards a 
severe hardship, 

-£#-)-( 2) Harbor Flood Area — for new construction and 
substantial improvements in the hazard area adjacent to the 
harbor, defined as the harbor flood zone, 

in accordance with the following additional standards: 

(1) Determination that the granting of a variance, 
special exception, or conditional use will not result in in- 



ORDINANCES 139 

creased flood heights or additional danger to the public 
health, welfare and safety. 

(2) All such proposals are consistent with the need to 
minimize flood damage. 

(S) All necessary permits have been received from the 
State of Maryland, Water Resources Administration and 
appropriate Federal agencies. 

(U) All public and private utilities and facilities (in- 
cluding sewer, water, telephone, electric, gas, etc.) are 
located and constructed to minimize or eliminate flood 
damage. 

(5) Adequate drainage is provided to reduce exposure 
to flood hazard. 

B. IF THE BOARD GRANTS A VARIANCE, SPE- 
CIAL EXCEPTION OR CONDITIONAL USE IN AC- 
CORDANCE WITH THE SPECIFIED STANDARDS, 
THE EXECUTIVE SECRETARY SHALL ATTACH TO 
THE RESOLUTION OF THE BOARD A LETTER CON- 
TAINING THE FOLLOWING: 

(1) CONSTRUCTION IN ACCORDANCE WITH 
THIS VARIANCE, SPECIAL EXCEPTION, OR CON- 
DITIONAL USE APPROVAL (AND AFTER OBTAIN- 
ING A BUILDING PERMIT) WHICH MAY RESULT 
IN A STRUCTURE LOCATED BELOW THE BASE 
FLOOD LEVEL WILL RESULT IN INCREASED PRE- 
MIUM RATES FOR FLOOD INSURANCE; AND 

(2) CONSTRUCTION BELOW THE BASE FLOOD 
LEVEL INCREASES RISKS TO LIFE AND PROPERTY. 

C. THE ZONING ADMINISTRATOR SHALL PRE- 
PARE AN ANNUAL REPORT TO BE SENT TO THE 
FLOOD INSURANCE ADMINISTRATOR OF ALL VARI- 
ANCES, SPECIAL EXCEPTIONS, AND CONDITIONAL 
USES GRANTED DURING THE PRECEDING YEAR, 
DESCRIBING UNDER WHICH THEY WERE GRANT- 
ED AND THE GUARANTEES REQUIRED BY THE 
BOARD TO ASSURE FLOOD HAZARDS WOULD NOT 
THEREBY BE INCREASED. 



140 ORDINANCES Ord. No. 676 

18.0-2 Definitions 

108. Development: Any construction, reconstruction, 
modification, extension or expansion of buildings or struc- 
tures, placement of fill, dredging, drilling, mining, storage 
of materials, land excavation, land clearing, GRADING, 
PAVING, land improvement, or any combination thereof. 

109. Flood Plain: (1) a relatively flat or low land area 
adjoining a river, stream or watercourse which is subject 
to partial or complete inundation; ■(£)■ &n area subject te 

■Hi n a tw)j_c*i i nl ft w\ rl /vn /v\/iV7 rt s* s*i t /wi o///«/ia^i r\ T flflfl / ^vi r\ -ft r\n* oil wr rt s* n 
T7TV" TVTVwO WWV \aj i i/w i w^7 tw wv/ v w » i i/^v^vvt/ is\s / v \s j r w i is\J J J \J J U Wi j TV W 

waters from wv# source; or ■(£-)■( 2) any area shown as a flood 
plain on the series of maps and profiles known as the Flood 
Insurance Study, effective March 15, 1978, and as these 
maps may hereafter be revised or amended, prepared for 
the Department of Housing and Urban Development, Fed- 
eral Insurance Administration. 

110. Floodway (Fl): That portion of the flood plain 
overlay district required to carry and discharge the waters 
of the one hundred (100) year flood without increasing 
the water surface elevation at any point more than one 
(1) foot above existing conditions. The floodway is the 
area of highest hazard. 

111. Floodway Fringe (F2): Those portions of land 
within the flood plain overlay district subject to flooding 
by the one hundred (100) year flood, lying beyond the 
floodway in areas where detailed study data and profiles 
are made available. 

112. Approximated Flood Plain (F8): Those portions 
of land within the flood plain overlay district subject to 
flooding by the one hundred (100) year flood, where a 
detailed study has not been performed but where a one 
hundred (100) year flood plain boundary has been ap- 
proximated. 

113. Harbor Flood Zone (HFZ): Those portions of the 
flood plain overlay district subject to flooding by a one 
hundred (100) year flood, adjacent to the Harbor (Patap- 
sco River). 



ORDINANCES 141 

11 U. Shallow Flood Zone (SFZ): An area ivithin the 
flood plain overlay district ivith baeo flood depthe ONE 
HUNDRED (100) YEAR FLOOD DEPTHS from one to 
throe TWO feet where a clearly defined channel does not 
exist, where the path of flooding is unpredictable and indo 
torminato , and where velocity flow may be evident. 

Sec. 2. And be it further ordained, That if any provision 
of this ordinance or the application thereof is held invalid 
for any reason, the invalidity shall not affect the other 
provisions or any other application of this ordinance which 
can be given effect without the invalid provision or appli- 
cation, and to this end all the provisions of this ordinance 
are declared to be severable. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 9, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 677 

(Council No. 1434) 

An Ordinance to add a new Chapter 28, to be called Flood 
Plain District Regulations, to Article 32 of the Balti- 
more City Code (1976 Edition), title "Building Regula- 
tions," providing standards of construction techniques 
and of permitted materials for new construction or im- 
provement of existing structures, for landscaping, and 
for other improvements which may be located in a flood 
plain or related flood areas; providing for variances 
under certain conditions, for waiver of liability, and for 
severability. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That a new Chapter 28, Flood Plain District 
Regulations, be and it is hereby added to Article 32 of the 



142 ORDINANCES Ord. No. 677 

Baltimore City Code (1976 Edition), title "Building Regu- 
lations" to read as follows : 

CHAPTER 28 

SECTION 280. FLOOD PLAIN DISTRICT REGULA- 
TIONS 

2800. SCOPE. To establish standards of construction 
techniques and of permitted construction materials for any 
new construction or substantial improvement of existing 
structures, for fill, for placement and construction of utili- 
ties, for landscaping, and for any other improvements 
which may hereafter be constructed, altered, or otherwise 
be located in a flood plain or its constituent parts, the flood 
way, the flood fringe, the approximated flood plain, the 
harbor flood zone, and the shallow flood zone. These re- 
quirements are in addition to and supplement all other 
laws, ordinances and regulations of Baltimore City regard- 
ing construction and land development as well as aU 
applicable laws and regulations of the State of Maryland 
and appropriate Federal agencies. In case of conflict, the 
more stringent or restrictive requirements shall apply. 

The flood plain delineation, showing all areas subject to 
inundation by a one hundred (100) year flood, is based 
on available information, studies, and engineering tech- 
nology as contained in the Flood Insurance Study for 
Baltimore City, effective March 15, 1978 and as it may 
hereafter be revised or amended BY THE FLOOD INSUR- 
ANCE ADMINISTRATOR, prepared for the Department 
of Housing and Urban Development, Federal Insurance 
A dministration. 

Section 281. DEFINITIONS. The following definitions 
are in addition to and supplement the definitions in 
Chapter 20 and other Sections of this Building Code. 

(1) "Base Flood Discharge" means the quantity of 
water actually flowing at the peak of a one hundred (100) 
year flood. 

(2) "Development" means any construction, reconstruc- 
tion, modification, extension or expansion of buildings or 
structures, placement of fill, dredging, drilling, mining. 



ORDINANCES 143 

storage of materials, land excavation, land clearing, grad- 
ing, paving, land improvement, or any combination thereof, 

(3) "Flood" means a general temporary inundation of 
normally dry land areas. 

(U) "Flood Plain" means (1) a relatively flat or low 
land area adjoining a river, stream or watercourse which 
is subject to partial or complete inundation; ■££)- an area 
oubjoot to the unusual and rapid accumulation or runoff 
of eurfaco watore from any source; or 4$)-(2) any area 
shown as a flood plain on the series of maps known as the 
Flood Insurance Study, effective March 15,1978 and as they 
may be revised or amended, prepared for the Department of 
Housing and Urban Development, Federal Insurance Ad- 
ministration. 

(5) "Floodway (Fl)" means that portion of the flood 
plain district required to carry and dioohargo the watore 
of the one hundred (100) yea* flood without increasing 
the water eurfaco elevation at any point, m the floodway* 
m - oro than one -ft}- foot abovo existing oonditione. THE 
CHANNEL OF A RIVER OR OTHER WATERCOURSE 
AND THE ADJACENT LAND AREAS THAT MUST BE 
RESERVED IN ORDER TO DISCHARGE THE BASE 
FLOOD WITHOUT CUMULATIVELY INCREASING 
THE WATER SURFACE ELEVATION MORE THAN 
ONE (1) FOOT. 

(6) "Floodway Fringe (F2)" means those portions of 
land within the flood plain district, subject to flooding by 
the one hundred (100) year flood, lying beyond the flood- 
way in areas where detailed study data and profiles are 
made available. 

(7) "Approximated Flood Plain (F3)" means those por- 
tions of land within the flood plain district, subject to flood- 
ing by the one hundred (100) year flood, where a detailed 
study has not been performed but where a one hundred 
(100) year flood plain boundary has been approximated. 

(8) "Harbor Flood Zone (HFZ)" means those portions 
of the flood plain district, subject to flooding by a one 
hundred (100) year flood, adjacent to the Harbor (Patap- 
sco River). 



144 ORDINANCES Ord. No. 677 

(9) "Shallow Flood Zone (SFZ)" means an area within 
the Flood Plain Distinct ivith base flood depths from one 
to t hr o e TWO feet where a clearly defined channel does not 
exist, ivhere the path of flooding is unpredictable ebnd mde 
tormhiato, and where velocity flow may be evident. 

(10) "Floodproofing" means any combination of struc- 
tural and non-structural additions, changes or adjustments 
to properties and structures which reduce or eliminate 
flood damage to land, water and sanitary facilities, struc- 
tures and contents of buildings. 

(11) "Land Development" means (1) the improvement 
of one lot, or two or more contiguous lots, tracts or parcels 
of land for any purpose involving (a) a group of two or 
more buildings, or (b) the division or allocation of land 
or space behveen or among two or more existing or pro- 
spective occupants by means of, or for the purpose of, 
streets, common areas, leaseholds, condominiums, building 
groups or other features; (2) a subdivision land. 

(12) "Mobile Home* Travel Trailer, Motorized Home, 
Recreation Vehicle" - moan structures built mi a permanont 
chassis, designed £# be used without a permanont foun 
datiom 

(12) "MOBILE HOME" MEANS A STRUCTURE, 
TRANSPORTABLE IN ONE OR MORE SECTIONS, 
WHICH IS BUILT ON A PERMANENT CHASSIS AND 
DESIGNED TO BE USED WITH OR WITHOUT A 
PERMANENT FOUNDATION WHEN CONNECTED TO 
THE REQUIRED UTILITIES. 

(13) "Neiv Construction" means, for flood plain man- 
agement purposes, structures for which the start of con- 
struction began on or after the effective date of this 
ordinance. 

(Ik) "One Hundred (100) Year Flood" means a flood 
that has one chance in one-hundred or a one percent chance 
of being equalled in any given year. DELINEATION OF 
AREAS SUBJECT TO FLOODING BY THE ONE HUN- 
DRED YEAR FLOOD IS BASED ON AVAILABLE IN- 
FORMATION, STUDIES, AND ENGINEERING TECH- 
NOLOGY CONTAINED IN THE FLOOD INSURANCE 



ORDINANCES 145 

STUDY FOR BALTIMORE CITY, EFFECTIVE MARCH 
15, 1978. 

(15) "Principally Above Ground" means that at least 
51 percent of the actual cash value of structural im- 
provements is above ground. 

(16) i( Residential Structure" means any structure used 
primarily for the purpose of sleeping, eating, and cooking. 

(17) "Structure" means a walled and/or roofed build- 
ing, including a gas or liquid storage tank, that is princi- 
pally above ground, as tvell as a mobile home, travel 
trailer, motorized home, any other recreational vehicle or 
trailer, any free-standing signs, storage sheds, and elevated 
decks. 

(18) "Subdivision" means the division or redivision of 
a lot, tract, or parcel of land by any means into two or 
more lots, tracts, parcels, or other divisions of land, includ- 
ing changes in existing lot lines for the purpose, whether 
immediate or future, of lease, transfer of ownership, 
building, or lot development. 

(19) "Substantial Improvement" means any repair, re- 
construction or improvement of a structure, the cost of 
which equals or exceeds 50 percent of the market value of 
the structure either, (1) before the improvement or repair 
is started, or (2) if the structure has been damaged, and 
is being restored, before the damage occurred. 

For the purpose of this definition "substantial improve- 
ment" is considered to occur when the first alteration of 
any wall, ceiling, floor, or other structural part of the 
building commences, ivhether or not that alteration affects 
the external dimensions of the structure. The term does 
not, however, include (1) any project for improvement of 
a structure to comply with existing state or local health, 
sanitary, or safety code specifications which are necessary 
solely to assure safe and sanitary living conditions, or (2) 
any alteration of a structure listed on the National Register 
of Historic Places-; the National Historic Landmarks List, 
OR a State Inventory of Historic Places ev the Gity- of- Balti 
more Landmark List or m & Historical am4 Architectural 
Preservation District. 



146 ORDINANCES Ord. No. 677 

SECTION 282. FLOODWAY 

2821. In the floodway (Fl), the following improve- 
ments or construction are prohibited: 

(1) Fill, buildings, DEVELOPMENT, or other en- 
croachments which would result in any increase in flood 
levels during the occurrence of the base flood discharge. 

(2) Substantial improvements to existing non-conform- 
ing structures and/or uses. 

(S) Any mobile home, travel trailer, motorized home, 
or other recreational vehicle or trailer. 

(Jf) Fences or walls. 

(5) Other construction, temporary or permanent, in- 
cluding landscaping, which may impede, retard or change 
the direction of the flow of water or that will catch or 
collect debris carried by such water, or that is placed where 
the natural flow of the stream or flood waters would carry 
the same downstream to the damage or detriment of either 
public or private property adjacent to the flood plain. 

(6) Cesspools, septic tanks, seepage pits, any private 
waste disposal system^ or sanitary landfills . 

(7) Any new construction^ DEVELOPMENT except 
stream bank stabilization work, and utility installation and 
reconstruction subject to the requirements of Section 285 
of this Building Code. 

2822. Any DEVELOPMENT OR construction not spe- 
cifically prohibited in paragraph 2821 shall conform to the 
requirements of Section 283, Development Requirements, 
Construction Methods and Materials for the floodway fringe 
(F2), approximated flood plain (F3), and harbor flood zone 
(HFZ). 

SECTION 288. DEVELOPMENT REQUIREMENTS, 
CONSTRUCTION METHODS AND MATERIALS FOR 
THE FLOODWAY FRINGE (F2), APPROXIMATED 
FLOOD PLAIN (F3) AND HARBOR FLOOD ZONE 
(HFZ). 



ORDINANCES 147 

2830. Lowest Floor Elevations 

(1) All new construction and substantial improve- 
ments of residential structures must have the lowest floor 
(including basement) elevated to or above the 100-year 
flood elevation. All other improvements to residential struc- 
tures, up to the level of the one hundred (100) year flood 
shall be made using materials and/or construction methods 
which are resistant to flood damage. If flood resistant 
methods and/or materials are utilized, the Commissioner 
shall review the methods and/or materials to ensure that 
they are adequate to withstand flood depths, pressures, 
velocities, impact and uplift forces and other factors asso- 
ciated with the one hundred (1 00) year flood. 

(2) All new construction and substantial improvements 
on non-residential structures shall have the lowest floor 
(including basement) elevated to or above the 100 year 
flood elevation, or together with attendant utility and 
sanitary facilities, be designed so that, below the one hun- 
dred (100) year flood elevation, the structure is water- 
tight with walls substantially impermeable to the passage 
of water and with structural components having the capa- 
bility of resisting hydrostatic and hydrodynamic loads and 
the effect of buoyancy. 

2831. Placement of Buildings and Structures. All build- 
ings and structures shall be constructed and placed on the 
lot so as to offer the minimum obstructions to the flow 
and height of the flood water. MOBILE HOMES MAY NOT 
BE PLACED IN THE FLOODWAY FRINGE, APPROX- 
IMATED FLOOD PLAINS, OR HARBOR FLOOD ZONE. 

2832. Fill and Landscape Design 

(1) Where fill is placed, it shall extend past the struc- 
ture a significant distance to resist erosion or other effects 
of flooding. 

■(&)■ F-Ul shall consist &f eml? rock> &?■ inorganic roclc - 
tike 'materials only. Sanitary land fiMe shall net be pep- 

(2) SANITARY LANDFILLS SHALL BE DESIGNED 
TO MINIMIZE OR ELIMINATE FLOOD DAMAGE. 



148 ORDINANCES Ord. No. 677 

(S) Fill material shall be compacted to provide the 
necessary stability and resistance to erosion, scouring or 
settling. 

(U) Fill slopes shall be no steeper than one (1) verti- 
cal to two (2) horizontal, unless substantiating d&te DATA 
justifying steeper slopes are submitted to and approved by 
the Commissioner. 

(5) Fill may be used only to the extent to which it 
does not adversely affect adjacent properties and does not 
violate the State of Maryland, Water Resources Adminis- 
tration's minimum standards. 

(6) Adequate ground cover shall be provided for soil 
stabilization within the flood plain district. 

(7) Design of land contours and choice of plant mate- 
rials shall direct surface runoff away from structures and 
shall not increase surface runoff onto neighboring prop- 
erties. 

2833. Anchoring. All buildings and structures shall be 
firmly anchored in accordance with accepted engineering 
practices to prevent flotation, collapse, and lateral move- 
ment, thus reducing the threat to life and property and 
decreasing the possibility of obstructing bridge openings 
and other restricted sections of the watercourse or flood 
plain. ALL MOBILE HOMES OR TEMPORARY STRUC- 
TURES SHALL BE ANCHORED TO RESIST FLOTA- 
TION, COLLAPSE OR LATERAL MOVEMENT. 

283Jf. Basement Foundation Walls. Foundation walls 
shall be reinforced to prevent collapse from both the hydro- 
static and hydrodynamic pressures of the one hundred 
(100) year flood. 

2835. Interior Floors and Walls 

(1) Wood flooring used at or beloiv the first floor level 
shall be installed to accommodate a lateral expansion of 
the flooring, perpendicular to the flooring grain, without 
incurring structural damage to the building. 

(2) All finished flooring used at or below the first floor 
level shall be made of materials which are stable and re- 
sistant to ivater damage. 



ORDINANCES 149 

(3) Plywood used at or below the first floor level shall 
be of an "exterior" or "marine" grade and of a water- 
resistant or waterproof variety. 

2836. Electrical Systems 

(1) All electric water heaters, electric furnaces and 
other permanent electrical installations shall be permitted 
only at a minimum of one foot &p above the level of the 
one hundred (100) year flood. 

(2) No electrical distribution panels shall be permitted 
at an elevation less than three feet above the level of the 
one hundred (100) year flood. 

2837. Plumbing. Water Heaters, furnaces and other 
permanent mechanical installations shall be permitted only 
at or above the level of the one hundred (100) year flood. 

2838. Storage. No matorias MATERIALS that are buoy- 
ant, flammable, explosive or toxic or which can be spread, 
dispersed, or dissolved in times of flooding, and could be in- 
jurious to human, animal or plant life shall be stored below 
the level of the one hundred (100) year flood. 

SECTION 28 U. DEVELOPMENT REQUIREMENTS, 
CONSTRUCTION METHODS AND MATERIALS FOR 
THE SHALLOW FLOOD ZONE (SFZ) 

28 UO. All requirements for elevating buildings and/ or 
floodprooflng as stated in Section 283 must be met, except 
that the lowest floor elevation requirements are as follows: 

(1) All new construction and substantial improvements 
of residential structures must have the lowest floor (includ- 
ing basement) elevated^ TWO (2) FEET above the crown 
of the nearest street^, t& &r abovo the depth numb or sped- 
fled in the Flood Insurance Study for Baltimore City. 

(2) All new construction and substantial improvements 
of non-residential structures must have the lowest floor 
(including basement) elevated TWO (2) FEET above the 
crown of the nearest street to- or above the depth number 
specified in the Flood Insurance Study for Baltimore QUy- 
, or together with attendant utility and sanitary facilities be 
completely flood proofed, in conformity with Sections 283 



150 ORDINANCES Ord. No. 677 

and 285, to or above that level so that any space, below that 
level, is watertight with walls substantially impermeable to 
the passage of water and with structural components having 
the capacity of resisting hydrostatic and hydrodynamic 
loads and the effect of buoyancy. 

(3) MOBILE HOMES MAY NOT BE PLACED IN 
THE SHALLOW FLOOD ZONE. 

SECTION 285. UTILITY INSTALLATION AND RE- 
CONSTRUCTION IN ANY PART OF THE FLOOD 
PLAIN DISTRICT. 

2850. New or replacement water supply systems shall 
be designed to eliminate any possible infiltration of flood 
waters. Water systems shall be designed to minimize and, 
if practical eliminate possible damage from flood waters to 
the extent that service is discontinued or the water supply 
is contaminated with sanitary or other wastes. 

2851. New or replacement sanitary sewer systems shall 
be designed to eliminate infiltration of flood waters and 
ex filtration of waste water. Sanitary sewers shall be de- 
signed to minimize and, where practical, eliminate possible 
structural damage from flood waters. Whenever possible, 
sanitary sewers should be designed to eliminato e* minimize 
stream crossings and AVOID areas of active or potential 
stream bank erosion. All sewer pipes shall be effectively 
sealed to prevent leakage at all times. Cesspools, seepage 
pits, septic tanks and other private waste disposal systems 
are prohibited. 

2852. All gas, electrical and other facility and utility 
systems shall be located and constructed to eliminate or 
minimize flood damage. 

2853. All new or replacement storm drain facilities lo- 
cated in the flood plain shall be designed to minimize 
damage from flood waters. 

SECTION 286. BUILDING PERMITS 

2860. In addition to information normally provided on 
a building permit application and construction documents, 
the following must also be provided for development, new 



ORDINANCES 151 

construction or substantial improvements y to existing 
structures^ located in the flood plain: 

2861, For structures to be elevated above the one hun- 
dred (100) year flood elevation: 

(1) The Commissioner mo& SHALL require, for any 
property ivhich in whole or in part lies within the flood plain, 
or for any property which the Commissioner determines 
may be affected by adjacency to a flood plain, as shown in 
the Flood Insurance Study, an accurate survey showing ex- 
isting grades, proposed final grades, building size and loca- 
tion, floor elevations, and the one hundred (100) year 
flood plain elevation which shall be prepared by a licensed 
surveyor or a registered professional engineer. 

(2) The plans shall show the method of elevating the 
proposed structure, including details of proposed fills, pile 
structures, retaining walls, foundations, erosion protec- 
tion measures, etc. These plans shall be prepared by a 
licensed professional engineer, where required by the pro- 
visions of Paragraph 6006 of this Building Code, or by a 
registered architect. 

(3) The plans shall show the methods used to protect 
utilities (including sewer, water, telephone, electric, gas, 
etc.) below the one hundred (100) year flood elevation 
at the building site, from flooding. 

2862. For structures to be floodproofed below the one 
hundred (100) year flood elevation (non-residential struc- 
tures only): 

(1) The Commissioner may SHALL require, for any 
property which in whole or in part lies within the flood plain, 
or for any property which the Commissioner determines 
may be affected by adjacency to a flood plain, as shown in 
the Flood Insurance Study, an accurate survey showing ex- 
isting grades, proposed final grades, building size and loca- 
tion, floor elevations, and the one hundred (100) year flood 
plain elevation, which shall be prepared by a licensed sur- 
veyor, or a registered professional engineer. 

(2) The plans for floodproofing prepared by a regis- 
tered professional engineer, when required by the provi- 
sions of Paragraph 6006 of this Building Code, or a 



152 ORDINANCES Ord. No. 677 

registered architect shall be accompanied by a certificate 
of the engineer or architect that the structure in question, 
together with attendant utilities and sanitary facilities is 
designed so that: 

(a) below the one hundred (100) year flood elevation 
the structure is water-tight ivith walls substantially im- 
permeable to the passage of water. 

(b) the structure tvill withstand the hydrostatic, hy- 
drodynamic, buoyant, impact and other forces resulting 
from the flood depths, velocities, pressures, and other fac- 
tors associated with the one hundred (100) year flood. 

2863. All permit applications for development, new 
construction or substantial improvement shall include a 
plan drawing showing the location of all existing and 
proposed public and private utilities, facilities and drain- 
age structures. The one hundred (100) year flood elevation 
shall be delineated on the plan. All plans shall be certified 
by a licensed professional engineer, where required by 
Paragraph 6006 of this Building Code, or a registered ar- 
chitect and shall be reviewed by the Commissioner to 
assure that: 

(1) All such proposals are consistent with the need to 
minimize flood damage. 

(2) All necessary permits have been received from the 
State of Maryland, Water Resources Administration and 
appropriate Federal agencies. 

(3) All public and private utilities and facilities (in- 
cluding setver, water, telephone, electric, gas, etc.) are lo- 
cated and constructed to minimize or eliminate flood 
damage. 

(U) Adequate drainage is provided to reduce exposure 
to flood hazard. 

SECTION 287,. WAIVER OF MUNICIPAL AND PER- 
SONAL LIABILITY. Issuance of a building permit in ac- 
cordance with the Flood Plain District Regulations of the 
Building Code is not a representation, guarantee, or war- 
ranty of any kind that the structure is not located in the 
flood plain or that the structure tvill not be damaged, in 
any way, by a flood, and said permit issuance shall create 



ORDINANCES 153 

no liability upon Baltimore City, its elected or appointed 
officials, or its employees. 

SECTION 288. VARIANCES 

2880. Variances from the requirements of Section 283, 
and Section 28U and Section 285 may be granted for struc- 
tures in the floodway fringe, approximated flood plain, 
harbor flood zone, and shalloiv flood zone for the following 
conditions : 

■£!-)■ Hietoric A<?em a&d Structures — for substantial 
improvements, reconstructio n rehabilitation or restoration 

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1 T KX V *\J J t tVV 1.1 CCJfC'/ CT7 J— I {,V 1 t\.V 1 1 VK.V I I V\J 1-J IU V , w t^r vw vv m. t v \j \s i w \j I vj \s J A-*. vXJ 

torio Places, or the Gity of Baltimore Landmark List &p m 
a Historical ebnd Architectural Preservation District. 

■£&)-(l) Severe Hardship — for substantial improvements 
where, because of extraordinary circumstances, local con- 
ditions may render the application of certain standards a 
severe hardship. 

■(&)■( 2) Harbor Flood Area — for new construction and 
substantial improvements in the hazard area adjacent to the 
harbor defined as the Harbor Flood Zone in Section 281. 

2881. THE COMMISSIONER MAY GRANT A VARI- 
ANCE IN ACCORDANCE WITH THE FOLLOWING 
ADDITIONAL STANDARDS: 

(1) A DETERMINATION THAT FAILURE TO 
GRANT THE VARIANCE WOULD RESULT IN EX- 
CEPTIONAL HARDSHIP TO THE APPLICANT. 

(2) A DETERMINATION THAT THE GRANTING 
OF A VARIANCE WILL NOT RESULT IN INCREASED 
FLOOD HEIGHTS, ADDITIONAL THREAT TO PUBLIC 
SAFETY, EXTRAORDINARY PUBLIC EXPENSE, OR 
CREATE NUISANCES. 

(3) A DETERMINATION THAT THE VARIANCE 
IS THE MINIMUM NECESSARY, CONSIDERING THE 
FLOOD HAZARD, TO AFFORD RELIEF. 

2882. IF THE COMMISSIONER GRANTS A VARI- 
ANCE HE SHALL NOTIFY THE APPLICANT THAT: 



154 ORDINANCES Ord. No. 677 

(1) CONSTRUCTION OF A STRUCTURE BELOW 
THE BASE FLOOD LEVEL WILL RESULT IN IN- 
CREASED PREMIUM RATES FOR FLOOD INSUR- 
ANCE; AND 

(2) CONSTRUCTION BELOW THE BASE FLOOD 
LEVEL INCREASES RISKS TO LIFE AND PROPERTY. 

2881 , 2883. The Commissioner shall prepare an annaul 
ANNUAL report to be sent to the Flood Insurance Ad- 
ministrator of all variances granted during the preceding 
year, describing the conditions under which the variances 
were granted and the guarantees required by the Commis- 
sioner to assure flood hazards would not thereby be 
increased. 

Sec. 2. And be it further ordained, That the provisions 
of this Chapter are hereby declared to be severable. If any 
word, phrase, clause, sentence, paragraph, section or part 
in or of this Chapter or the application thereof to any per- 
son, circumstance or thing is declared invalid for any 
reason whatsoever, the remaining provisions and the appli- 
cation of such provisions to other persons, circumstances 
or things shall not be affected thereby but shall remain in 
full force and effect, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this Chapter without the word, phrase, 
clause, sentence, paragraph, section or part, or the appli- 
cation thereof, so held invalid. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 9, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 155 

No. 678 
(Council No. 804) 

An Ordinance granting permission to the East End Hotel, 
Inc. for the establishment of a non-profit home for the 
rehabilitation of non-bedridden alcoholic persons on the 
property located at 1105 E. Fayette Street, under the 
provisions of Sections 6.3-ld of Article 30 of the Balti- 
more City Code (1966 Edition), title "Zoning" as 
ordained by Ordinance 1051, approved April 20, 1971, 
subject to the condition of continuing certification by the 
State of Maryland Division e£ Alcoholism Control AD- 
MINISTRATION. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That permission is hereby granted to East 
End Hotel, Inc., for the establishment of a non-profit home 
for the rehabilitation of non-bedridden alcoholic persons 
on the property located at 1105 E. Fayette Street, under 
the provisions of Sections 6.3-ld and 11.0-6d of Article 30 
of the Baltimore City Code (1966 Edition), title "Zoning," 
as ordained by Ordinance 1051, approved April 20, 1971, 
subject to the condition of continuing certification by the 
State of Maryland Division e£ Alcoholism Control AD- 
MINISTRATION. 

Sec. 2. And be it further ordained, That whenever the 
continuous operation of such use has been discontinued 
for a period of twelve (12) consecutive months, it shall 
not be thereafter re-established unless a new ordinance is 
approved by the Mayor and City Council of Baltimore. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect 30 days from the date of its passage. 

Approved March 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



156 ORDINANCES Ord. No. 679 

No. 679 
(Council No. 1142) 

An Ordinance to authorize the use of the properties known 
as 43S0 1358-1372 N. Calhoun Street, as outlined in red 
on the AMENDED plats accompanying this ordinance, 
for an open air off-street parking facility in the R-8 Dis- 
trict, pursuant to Sections 4.8-ld and 11.0-6d of Article 
30 of the Baltimore City Code (1966 Edition), title "The 
Zoning Ordinance of Baltimore City" (Ordinance No. 
1051) approved April 20, 1971. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the properties known as 4&6Q 1358-1372 
N. Calhoun Street, as outlined in red on the AMENDED 
plats accompanying this ordinance, be and they are hereby 
authorized for use as an open air off-street parking facility 
in the R-8 District, pursuant to Sections 4.8-ld and 11.0-6d 
of Article 30 of the Baltimore City Code (1966 Edition), 
title "The Zoning Ordinance of Baltimore City" (Ordinance 
No. 1051) approved April 20, 1971. 

Sec. 2. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat, and when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to the 
following : the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development, the Com- 
missioner of Transit and Traffic, and the Zoning Adminis- 
trator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 157 

No. 680 
(Council No. 1163) 

An Ordinance to authorize the use of the properties known 
as 111-113 E. 24th Street located on the south side of 
24th Street west of Calvert Street, as outlined in red on 
the plats accompanying this ordinance, for an open air 
off-street parking facility in the O-R-2 Zoning District, 
pursuant to Sections 5.1-ld and 11.0-6d of Article 30 of 
the Baltimore City Code (1966 Edition), title 'The Zon- 
ing Ordinance of Baltimore City" (Ordinance No. 1051) 
approved April 20, 1971. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the properties known as 111-113 E. 
24th Street located on the south side of 24th Street, west of 
Calvert Street, as outlined in red on the plats accompanying 
this ordinance, be and they are hereby authorized for use 
as an open air off-street parking facility in the O-R-2 Zon- 
ing District, pursuant to Sections 5.1-ld and 11.0-6d of 
Article 30 of the Baltimore City Code (1966 Edition), 
title "The Zoning Ordinance of Baltimore City" (Ordi- 
nance No. 1051), approved April 20, 1971. 

SEC. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat, and when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following : the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the De- 
partment of Housing and Community Development, the 
Commissioner of Transit and Traffic, and the Zoning Ad- 
ministrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



158 ORDINANCES Ord. No. 681 

No. 681 
(Council No. 1182) 

An Ordinance to authorize the establishment, maintenance 
and operation of housing for the elderly, containing 100 
dwelling units on the property lying north of Harlem 
Avenue and east of North Arlington Avenue, as shown 
outlined in red on the AMENDED plats accompanying 
this ordinance, this ordinance being ordained under the 
provisions of Sections 4.8-ld and 11.0-6d of Article 30 
of the Baltimore City Code (1966 Edition), title "Zoning 
Ordinance of Baltimore City," as ordained by Ordinance 
1051, approved April 20, 1971, and as amended by Ordi- 
nance 1202, approved November 29, 1971. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Mayor and City Council of Baltimore 
hereby authorizes the establishment, maintenance, and 
operation of housing for the elderly, containing 100 dwelling 
units on the property lying north of Harlem Avenue and 
east of North Arlington Avenue, as shown outlined in red 
on the AMENDED plats accompanying this ordinance, un- 
der and pursuant to the provisions of Sections 4.8-ld and 
11.0-6d of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning Ordinance of Baltimore City," as 
ordained by Ordinance 1051, approved April 20, 1971, and 
as amended by Ordinance 1202, approved November 29, 
1971. 

Sec. 2. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof, and in order to 
give notice to the departments which are administering the 
Zoning Ordinance, the President of the City Council shall 
sign the plat, and when the Mayor approves the ordinance 
he shall sign the Plat, The City Treasurer shall then trans- 
mit a copy of the ordinance and one of the plats to the 
following: the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of the Department 
of Housing and Community Development, the Commissioner 
of Transit and Traffic, and the Zoning Administrator. 



ORDINANCES 159 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved March 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 682 
(Council No. 1287) 

An Ordinance authorizing the acquisition by purchase or 
condemnation by the Mayor and City Council of Balti- 
more of the fee simple interests or such other interests as 
the Director of The Department of Public Works may 
deem necessary or sufficient, in and to certain pieces or 
parcels of land situate in Baltimore City, for public high- 
way purposes, namely for the opening, widening, grading, 
construction and maintenance of St. Thomas Avenue, 
extending from Findlay Road, Southeasterly, to Plain- 
field Avenue and authorizing the acquisition by purchase 
or condemnation of any property, rights, interests, ease- 
ments and/or franchises necessary in the opening, widen- 
ing, grading, construction and maintenance of said St. 
Thomas Avenue; and authorizing the making of all 
necessary agreements concerning said St. Thomas Ave- 
nue; and authorizing the construction of said St. Thomas 
Avenue; the location and course of said St. Thomas Ave- 
nue being shown on a plat thereof numbered 117-A-2, 
Sheets 1, 16, 7 & 4 of 17, prepared by the Surveys and 
Records Division and filed in the Office of the Director of 
The Department of Public Works on the Twenty-second 
(22nd) day of September, 1976. 

Section I.Beit ordained by the Mayor and City Council 
of Baltimore, That it is necessary to acquire by purchase 
or condemnation for public highway purposes, namely, for 
the opening, widening, grading, construction and mainte- 
nance of St. Thomas Avenue, extending from Findlay Road, 
southeasterly to Plainfield Avenue; the fee simple interests 
or such other interests as the Director of The Department 



160 ORDINANCES Ord. No. 682 

of Public Works may deem necessary, in and to the pieces 
or parcels of land, situate in Baltimore City, including the 
improvements thereon, bounded as follows: 

Portion of the property known as No. 4601 Mannasota 
Avenue, Beginning for the same at the point formed by 
the intersection of the northeast side of St. Thomas Avenue, 
as now laid out varying in width, and the southeast side of 
Mannasota Avenue, as now laid out varying in width, said 
point of beginning being the beginning of the parcel of land 
conveyed by Philip N. Brownstein, Federal Housing Com- 
missioner to John Michael Wild and Wife by deed dated 
March 12, 1964 and recorded among the Land Records of 
Baltimore City in Liber J.F.C. No. 1660, Folio 101 and run- 
ning thence binding on the southeast side of said Mannasota 
Avenue and on the first line of said deed, there situate, 
Northeasterly 50.52 feet; thence binding on part of the 
second line of said deed, Southeasterly 5 feet, more or less, 
to intersect a line drawn parallel with and distant 5.00 feet 
southeasterly measured at right angles from the southeast 
side of said Mannasota Avenue; thence binding on said 
line so drawn and on the southeast side of Mannasota 
Avenue, 40 feet wide, South 33°-14'-20" West 29 feet, more 
or less, to the east side of Mannasota Avenue, as realigned 
and widened varying in width; thence binding on the east 
side of last said Mannasota Avenue by a line curving to the 
left with a radius of 15.00 feet the distance of 20.07 feet 
which arc is subtended by a chord bearing South 05°-06'- 
02.5" East 18.61 feet to intersect the northeast side of St. 
Thomas Avenue, as realigned and widened to a width of 40 
feet; thence binding on the northeast side of last said St. 
Thomas Avenue, South 43°-26'-25" East 93 feet, more or 
less, to intersect the third line of said deed; thence binding 
on part of the third line of said deed, to the end thereof, 
Southwesterly 4 feet, more or less, to the northeast side of 
St. Thomas Avenue mentioned firstly herein and thence 
binding on the northeast side of St. Thomas Avenue men- 
tioned firstly herein and on the last line of said deed, there 
situate, Northwesterly 108.42 feet to the place of beginning. 

Containing 1046 square feet of land, more or less. 

Portion of the property known as No. 4522 Mannasota 
Avenue, Beginning for the same at the point formed by the 



ORDINANCES 161 

intersection of the southwest side of St. Thomas Avenue, 
as now laid out varying in width, and the northwest side of 
Mannasota Avenue, as now laid out varying in width, and 
running thence binding on the northwest side of said Manna- 
sota Avenue, Southwesterly 22 feet, more or less, to the west 
side of Mannasota Avenue, as realigned varying in width; 
thence binding on the west side of last said Mannasota 
Avenue, North 04°-51'-45" West 12.46 feet to intersect the 
southwest side of St. Thomas Avenue, as realigned and 
widened to a width of 40 feet; thence binding on the south- 
west side of last said St. Thomas Avenue by a line curving 
to the right with a radius of 3259.08 feet the distance of 
23.06 feet which arc is subtended by a chord bearing North 
43°-27'-19" West 23.06 feet to a bend on the southwest side 
of last said St. Thomas Avenue; 

thence continuing to bind on the southwest side of last said 
St. Thomas Avenue, North 43°-26'-25" West 110.74 feet to 
another bend on the southwest side of St. Thomas Avenue, 
as realigned and widened varying in width; thence binding 
on the southwest side of last said St. Thomas Avenue, 
northwesterly by a line curving to the left with a radius 
of 820.32 feet the distance of 33 feet, more or less, to inter- 
sect the last line of the second parcel of land conveyed by 
Frank J. Kraus and Wife to Irma N. Kulishek by deed 
dated October 30, 1968 and recorded among the Land 
Records of Baltimore City in Liber R.H.B. No. 2440, 
Folio 263; thence binding on part of the last line of the 
second parcel of land described in said deed, to the end 
thereof, Northeasterly 3 feet, more or less, to the south- 
west side of St. Thomas Avenue, as now laid out 40 feet 
wide, and thence binding on the southwest side of last 
said St. Thomas Avenue and on the first line of the second 
parcel of land described in said deed, there situate, South- 
easterly 20 feet to the southwest side of St. Thomas Avenue 
mentioned firstly herein and thence binding on the south- 
west side of St. Thomas Avenue mentioned firstly herein and 
on part of the last line of the first parcel of land described in 
said deed, there situate, Southeasterly 153 feet, more or 
less, to the place of beginning. 

Containing 1431 square feet of land, more or less. 

Portion of the property known as Lot 16A of Block 
5963A, Beginning for the same at a point on the southwest 



162 ORDINANCES Ord. No. 682 

side of St. Thomas Avenue, as now laid out varying in 
width, said point of beginning being the beginning of the 
twentieth line of the parcel of land conveyed by The 
Whiteley-Pratt Company to David Brown by deed dated 
June 10, 1953 and recorded among the Land Records of 
Baltimore City in Liber M.L.P. No. 9181, Folio 283 and 
running thence binding on the southwest side of said St. 
Thomas Avenue and on the twentieth line of said deed, 
there situate, Southeasterly 40 feet; thence binding on 
part of the twenty-first line of said deed, Southwesterly 
6 feet, more or less, to intersect the southwest side of St. 
Thomas Avenue, as widened on the southwest side thereof 
from a varying width to a width of 40 feet; thence binding 
on the southwest side of last said St. Thomas Avenue, 
North 46°-44'-24" West 40 feet, more or less, to intersect 
the nineteenth line of said deed and thence binding on part 
of the nineteenth line of said deed, to the end thereof, North- 
easterly 6 feet, more or less, to the place of beginning. 

Containing 240 square feet of land, more or less. 

Portion of the property known as No. 4400/10 Moravia 
Road, Beginning for the same at a point on the southwest 
side of St. Thomas Avenue, as now laid out varying in width, 
said point of beginning being the beginning of the seventh 
line of the first parcel of land conveyed by Burton M. 
Greenstein to David S. Brown and Wife "Etal" by deed 
dated February 7, 1969 and recorded among the Land Rec- 
ords of Baltimore City in Liber R.H.B. No. 2478, Folio 486 
and running thence binding on the southwest side of said 
St. Thomas Avenue and on the seventh line of the first 
parcel of land described in said deed, there situate, South- 
easterly 146.46 feet to intersect the southwest side of Plain- 
field Avenue, as now laid out varying in width; thence 
binding on the southwest side of said Plainfield Avenue 
and on part of the eighth line of the first parcel of land 
described in said deed, there situate, southeasterly by a line 
curving to the right with a radius of 100.00 feet the distance 
of 53 feet, more or less, to intersect the southwest side 
of St. Thomas Avenue, as realigned and widened on the 
southwest side thereof varying in width; thence binding 
on the southwest side of last said St. Thomas Avenue by a 
line curving to the left with a radius of 80.37 feet the dis- 
tance of 34.21 feet which arc is subtended by a chord bearing 



ORDINANCES 163 

North 34°-32'-40.5" West 33.96 feet to the southwest side 
of St. Thomas Avenue, as widened on the southwest side 
thereof from a varying width to a width of 40 feet; thence 
binding on the southwest side of last said St. Thomas Ave- 
nue, North 46°-44'-24" West 164 feet, more or less, to inter- 
sect the sixth line of the first parcel of land described in 
said deed; thence binding on part of the sixth line of the 
first parcel of land described in said deed, to the end 
thereof, Northeasterly 7 feet, more or less, to the place of 
beginning. 

Containing 1162 square feet of land, more or less. 

Including all property, rights, interests, easements and/ 
or franchises necessary in the opening, widening, grading, 
construction and maintenance of said St. Thomas Avenue, 
the location and course of said St. Thomas Avenue being 
shown on a plat thereof numbered 117-A-2, Sheets 1, 16, 
7 & 4 of 17, prepared by the Surveys and Records Division 
and filed in the office of The Director of The Department of 
Public Works on the Twenty-second (22nd) day of Septem- 
ber, 1976. 

Any mention or reference to any streets, roads, avenues, 
highways or alleys in this ordinance or on the plat referred 
to herein are for the purpose of description only, and shall 
not be held or taken to be any evidence whatever that said 
streets, roads, avenues, highways, alleys or any of them, 
are public, dedicated or private thoroughfares. 

SEC. 2. And be it further ordained, That the Director of 
The Department of Public Works or the person or persons 
the Board of Estimates of Baltimore City may hereafter 
from time to time designate, is or are hereby authorized 
to acquire on behalf of the Mayor and City Council of Bal- 
timore, and for the purposes described in this ordinance, 
the fee simple interests or such other interests as the said 
Director may deem necessary or sufficient, in and to said 
pieces or parcels of land and improvements thereupon, in- 
cluding all property, rights, interests, easements and/or 
franchises necessary in the opening, widening, grading, con- 
struction and maintenance of said St. Thomas Avenue. If 
the said Director of The Department of Public Works, or 
person or persons the Board of Estimates of Baltimore 



164 ORDINANCES Ord. No. 682 

City may designate are unable to agree with the owner or 
owners on the purchase price of any of the said pieces or 
parcels of land and improvements thereupon or for any 
of the said properties, rights, interests, easements and/or 
franchises, they shall forthwith notify the City Solicitor of 
Baltimore City who shall thereupon institute in the name 
of the Mayor and City Council of Baltimore the necessary 
legal proceedings to acquire by condemnation the fee simple 
interests or such other rights, interests, easements and/or 
franchises as the said Director may deem necessary or 
sufficient for the purposes of said St. Thomas Avenue 
Project. 

Sec. 3. And be it further ordained, That the proceedings 
for the acquisition by condemnation of the property and 
rights herein described and the rights of all parties in- 
terested or affected thereby shall be regulated by and be in 
accordance with the provisions of The Real Property Ar- 
ticle of the Annotated Code of Maryland (1974), Title 12, 
Governments, e* any e£ their agencies, an4 any other pe*- 
SECTION 101 ET SEQ. AND ANY AND ALL AMEND- 
MENTS THERETO. 

Sec. 4. And be it further ordained, That the said Director 
of The Department of Public Works or person or persons 
the Board of Estimates of Baltimore City may designate 
are also hereby authorized to negotiate for and to enter into 
in the name of the Mayor and City Council of Baltimore, 
any and all necessary agreements with the Federal and State 
Governments, or any of their agencies, and any other per- 
sons, firms, or corporations, in aid of, in furtherance of, or 
in connection with said St. Thomas Avenue Project; all such 
acquisitions and agreements to be subject to the approval 
of the Board of Estimates. 

Sec. 5. And be it further ordained, That after the neces- 
sary agreements have been made and the necessary prop- 
erties, lands, rights, easements and/or franchises have been 
acquired as hereinbefore provided, the Director of The De- 
partment of Public Works of Baltimore City is hereby au- 
thorized and directed to construct or cause to be con- 
structed the said St. Thomas Avenue Project, all in 
accordance with detailed plans hereafter to be prepared 



ORDINANCES 165 

therefore and after said plans have been approved by the 
said Director of The Department of Public Works. 

SEC. 6. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 683 
(Council No. 1288) 

An Ordinance authorizing the acquisition by purchase or 
condemnation by the Mayor and City Council of Balti- 
more of the fee simple interests or such other interests as 
the Director of The Department of Public Works may 
deem necessary or sufficient, in and to certain pieces or 
parcels of land situate in Baltimore City, for public high- 
way purposes, namely for the opening, widening, grading, 
construction and maintenance of (1) Furley Avenue, ex- 
tending from Belair Road, southeasterly, to a point 479 
feet, more or less, southeast of Greenhill Avenue and (2) 
Mannasota Avenue, extending from Furley Avenue, 
northeasterly, to Raymar Avenue and authorizing the ac- 
quisition by purchase or condemnation of any property, 
rights, interests, easements and/or franchises necessary 
in the opening, widening, grading, construction and main- 
tenance of said Furley Avenue and said Mannasota Ave- 
nue; and authorizing the making of all necessary agree- 
ments concerning said Furley Avenue and said Mannasota 
Avenue; and authorizing the construction of said Furley 
Avenue and said Mannasota Avenue; the location and 
course of said Furley Avenue and said Mannasota Avenue 
being shown on plats thereof numbered 117-A-4, sheets 
60, 8 & 10 of 62, H.A. 25-859, and 117-A-l, sheet 4 
of 13, prepared by the Surveys and Records Division and 
filed in the Office of the Director of The Department of 
Public Works on the Seventeenth (17th) day of Septem- 
ber, 1976, the Twenty-ninth (29th) day of March, 1976 



166 ORDINANCES Ord. No. 683 

and the Seventeenth (17th) day of September, 1976, 
respectively. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is necessary to acquire by purchase or 
condemnation for public highway purposes, namely, for 
the opening, widening, grading, construction and mainte- 
nance of (1) Furley Avenue, extending from Belair Road, 
southeasterly, to a point 479 feet, more or less, southeast of 
Greenhill Avenue and (2) Mannasota Avenue, extending 
from Furley Avenue, northeasterly, to Raymar Avenue; the 
fee simple interests or such other interests as the Director 
of The Department of Public Works may deem necessary, in 
and to the pieces or parcels of land, situate in Baltimore 
City, including the improvements thereon, bounded as 
follows : 

Portion of the property known as No. 4633 Asbury Ave- 
nue, Beginning for the same at the point formed by the 
intersection of the southeast side of Asbury Avenue, as now 
laid out 30 feet wide, and the southwest side of Furley Ave- 
nue, as now laid out varying in width, said point of begin- 
ning being the beginning of the parcel of land conveyed by 
Dorothy L. Thomas to Leonard Catalano Jr. and Wife by 
deed dated September 17, 1971 and recorded among the 
Land Records of Baltimore City in Liber R.H.B. No. 2831 
Folio 32 and running thence binding on the southwest side 
of said Furley Avenue and reversely on the last line of said 
deed, there situate, Southeasterly 94.01 feet; thence binding 
reversely on part of the third line of said deed, Southwest- 
erly 6 feet, more or less, to intersect the southwest side of 
Furley Avenue, as realigned and widened to a width of 40 
feet; thence binding on the southwest side of last said 
Furley Avenue, North 55°-12'-28" West 88 feet, more or 
less, to intersect the south side of Asbury Avenue, as re- 
aligned; thence binding on the south side of last said Asbury 
Avenue, South 82°-05'-49" West 10.28 feet to intersect the 
southeast side of Asbury Avenue mentioned firstly herein 
and thence binding on the southeast side of Asbury Avenue 
mentioned firstly herein and reversely on part of the first 
line of said deed, to the beginning thereof, there situate, 
Northeasterly 10.12 feet to the place of beginning. 



ORDINANCES 167 

Containing 449 square feet of land, more or less. 

Portion of the property known as No. 4304 Furley Ave- 
nue, Beginning for the same at a point on the northeast 
side of Furley Avenue, as now laid out varying in width, 
said point of beginning being the beginning of the parcel of 
land conveyed by Willis Ray Stafford to Bertha E. Pitcher 
"Etal" by deed dated March 29, 1960 and recorded among 
the Land Records of Baltimore City in Liber J.F.C. No. 840 
Folio 53 and running thence binding on part of the first 
line of said deed, Northeasterly 10 feet, more or less, to 
intersect the northeast side of Furley Avenue, as realigned 
and widened to a width of 40 feet; thence binding on the 
northeast side of last said Furley Avenue the two following 
courses and distances; namely, Southeasterly by a line curv- 
ing to the left with a radius of 2356.79 feet the distance of 
3 feet, more or less, and South 57°-37'-05" East 53 feet, 
more or less, to intersect the third line of said deed; thence 
binding on part of the third line of said deed, to the end 
thereof, Southwesterly 10 feet, more or less, to the north- 
east side of Furley Avenue mentioned firstly herein and 
thence binding on the northeast side of Furley Avenue 
mentioned firstly herein and on the last line of said deed, 
there situate, Northwesterly 56 feet to the place of begin- 
ning. 

Containing 560 square feet of land, more or less. 

Portion of the property known as No. 4310 Furley Ave- 
nue, Beginning for the same at the point formed by the 
intersection of the northwest side of Mannasota Avenue, as 
now laid out 30 feet wide, and the northeast side of Furley 
Avenue, as now laid out varying in width and running 
thence binding on the northeast side of said Furley Ave- 
nue and on part of the first line of the parcel of land con- 
veyed by Alpheus T. Hilton and Wife to Bruno E. Chmielew- 
ski and Wife by deed dated March 4, 1955 and recorded 
among the Land Records of Baltimore City in Liber M.L.P. 
No. 9729 Folio 64, to the end thereof, there situate, North- 
westerly 97.75 feet; thence binding on part of the second 
line of said deed, Northeasterly 11 feet, more or less, to 
intersect the northeast side of Furley Avenue, as realigned 
and widened to a width of 40 feet; thence binding on the 
northeast side of last said Furley Avenue the two following 
courses and distances; namely, South 57°-37'-05" East 52 



168 ORDINANCES Ord. No. 683 

feet, more or less, and by a line curving to the right with 
a radius of 6705.93 feet the distance of 32.61 feet which arc 
is subtended by a chord bearing South 57°-28'-43.5" East 
32.61 feet to the north side of Furley Avenue, as realigned 
and widened varying in width; thence binding on the north 
side of last said Furley Avenue, North 79°-53'-25" East 
10.32 feet to intersect a line drawn parallel with the distant 
5.00 feet northwesterly, measured at right angles from the 
northwest side of said Mannasota Avenue; thence binding 
on said line so drawn and on the northwest side of Manna- 
sota Avenue, 40 feet wide, North 37°-05'-20" East 87 feet, 
more or less, to intersect the third line of said deed; thence 
binding on part of the third line of said deed, Southeasterly 
5 feet, more or less, to intersect the northwest side of 
Mannasota Avenue mentioned firstly herein and thence 
binding on the northwest side of Mannasota Avenue men- 
tioned firstly herein, Southwesterly 107 feet, more or less, 
to the place of beginning. 

Containing 1669 square feet of land, more or less. 

Portion of the property known as No. 4501 Furley Ave- 
nue, Beginning for the same at the point formed by the 
intersection of the southeast side of Greenhill Avenue, as 
now laid out 35 feet wide and the southwest side of Furley 
Avenue, laid out 30 feet wide, said point of beginning being 
the beginning of the parcel of land conveyed by Andrew 
Robert Goss and Wife to Richard P. Brusca and Wife by 
deed dated November 10, 1950 and recorded among the 
Land Records of Baltimore City in Liber M.L.P. No. 8278 
Folio 103 and running thence binding on the southwest side 
of said Furley Avenue, and on the first line of said deed, 
there situate, as now surveyed, South 56°-45'-40" East 28 
feet, more or less; thence binding on part of the second 
line of said deed, South 33°-14'-20" West 5 feet, more or 
less, to intersect the southwest side of Furley Avenue, as 
widened on the southwest side thereof from its former 
width of 30 feet to a width of 40 feet; thence binding on 
the southwest side of last said Furley Avenue, North 56°- 
45'-40" West 16 feet, more or less; thence binding on the 
south side of Furley Avenue, as realigned, South 78°-14'-18" 
West 9.90 feet to a line drawn parallel with and distant 
5.00 feet southeasterly, measured at right angles from the 
southeast side of said Greenhill Avenue; thence binding on 



ORDINANCES 169 

said line so drawn, South 33°-14'-20" West 80.38 feet to 
intersect the third line of said deed ; thence binding on part 
of the third line of said deed, to the end thereof, as now 
surveyed, North 56°-45'-40" West 5.00 feet to the southeast 
side of said Greenhill Avenue and thence binding on the 
southeast side of said Greenhill Avenue and on the last 
line of said deed, there situate, as now surveyed, North 
33°-14'-20" East 93.00 feet to the place of beginning. 

Containing 610 square feet of land, more or less. 

Portion of the property known as No. 4802 Mannasota 
Avenue, Beginning for the same at a point on the north- 
west side of Mannasota Avenue, as now laid out 30 feet 
wide, said point of beginning being the beginning of the 
parcel of land conveyed by Carolyn P. Malone to John J. 
Novotny "Etal" by deed dated February 24, 1962 and re- 
corded among the Land Records of Baltimore City in Liber 
J.F.C. No. 1238, Folio 303 and running thence binding 
reversely on part of the last line of said deed, Northwesterly 
5 feet to intersect a line drawn parallel with and distant 
5.00 feet northwesterly, measured at right angles from the 
northwest side of said Mannasota Avenue; thence binding 
on said line so drawn and on the northwest side of Manna- 
sota Avenue, 40 feet wide, North 37°-05'-20" East 11 feet, 
more or less, to intersect the southwest side of the con- 
crete porch of the 2% story frame building situate on the 
property known as No. 4802 Mannasota Avenue; thence 
binding on the said southwest side, the southeast and 
northeast sides of said concrete porch the three following 
courses and distances ; namely, South 53°-44'-24" East 0.48 
feet, North 36°-58'-47" East 37.35 feet and North 46°- 
03'-04" West 0.41 feet to intersect the said line drawn 
parallel with and distant 5.00 feet northwesterly, measured 
at right angles from the northwest side of Mannasota Ave- 
nue mentioned firstly herein; thence binding on said line 
so drawn and on the northwest side of Mannasota Avenue, 
40 feet wide, North 37°-05'-20" East 12 feet, more or less, 
to intersect the second line of said deed; thence binding 
reversely on part of the second line of said deed, to the 
beginning thereof, Southeasterly 5 feet to the northwest 
side of Mannasota Avenue mentioned firstly herein and 
thence binding on the northwest side of Mannasota Ave- 
nue mentioned firstly herein and reversely on the first line 



170 ORDINANCES Ord. No. 683 

of said deed, there situate, Southwesterly 60 feet to the 
place of beginning. 

Containing 283 square feet of land, more or less. 

Including all property, rights, interests, easements and/ 
or franchises necessary in the opening, widening, grading, 
construction and maintenance of said Furley Avenue and 
said Mannasota Avenue, the location and course of said 
Furley Avenue and said Mannasota Avenue being shown 
on plats thereof numbered 117-A-4, sheets 60, 8, & 10 of 62, 
H.A. 25-859, and 117-A-l, sheet 4 of 13, prepared by the 
Surveys and Records Division and filed in the office of The 
Director of The Department of Public Works on the Seven- 
teenth (17th) day of September, 1976, the Twenty-ninth 
(29th) day of March, 1976 and the Seventeenth (17th) 
day of September, 1976, respectively. 

Any mention or reference to any streets, roads, avenues, 
highways or alleys in this ordinance or on the plats referred 
to herein are for the purpose of description only, and shall 
not be held or taken to be any evidence whatever that said 
streets, roads, avenues, highways, alleys or any of them, 
are public, dedicated or private thoroughfares. 

Sec. 2. And be it further ordained, That the Director of 
The Department of Public Works or the person or persons 
the Board of Estimates of Baltimore City may hereafter 
from time to time designate, is or are hereby authorized to 
acquire on behalf of the Mayor and City Council of Balti- 
more, and for the purposes described in this ordinance, 
the fee simple interests or such other interests as the said 
Director may deem necessary or sufficient, in and to said 
pieces or parcels of land and improvements thereupon, in- 
cluding all property, rights, interests, easements and/or 
franchises necessary in the opening, widening, grading, 
construction and maintenance of said Furley Avenue and 
said Mannasota Avenue. If the said Director of the Depart- 
ment of Public Works, or person or persons the Board of 
Estimates of Baltimore City may designate are unable to 
agree with the owner or owners on the purchase price of any 
of the said pieces or parcels of land and improvements there- 
upon or for any of the said properties, rights, interests, ease- 
ments and/or franchises, they shall forthwith notify the 
City Solicitor of Baltimore City who shall thereupon insti- 



ORDINANCES 171 

tute in the name of the Mayor and City Council of Bal- 
timore the necessary legal proceedings to acquire by 
condemnation the fee simple interests or such other rights, 
interests, easements and/or franchises as the said Director 
may deem necessary or sufficient for the purposes of said 
Furley Avenue Project and Mannasota Avenue Project. 

Sec. 3. And be it further ordained, That the proceedings 
for the acquisition by condemnation of the property and 
rights herein described and the rights of all parties inter- 
ested or affected thereby shall be regulated by and be in 
accordance with the provisions of The Real Property Ar- 
ticle of the Annotated Code of Maryland (1974), Title 12, 
Section 101 Et Seq. and any and all amendments thereto. 

SEC. 4. And be it further ordained, That the said Director 
of The Department of Public Works or person or persons 
the Board of Estimates of Baltimore City may designate 
are also hereby authorized to negotiate for and to enter into 
in the name of the Mayor and City Council of Baltimore, any 
and all necessary agreements with the federal and state 
Governments, or any of their agencies, and any other per- 
sons, firms or corporations, in aid of, in furtherance of, or 
in connection with said Furley Avenue Project and Manna- 
sota Avenue Project; all such acquisitions and agreements 
to be subject to the approval of the Board of Estimates. 

Sec. 5. And be it further ordained, That after the neces- 
sary agreements have been made and the necessary proper- 
ties, lands, rights, easements and/or franchises have been 
acquired as hereinbefore provided, the Director of The 
Department of Public Works of Baltimore City is hereby 
authorized and directed to construct or cause to be con- 
structed the said Furley Avenue Project and Mannasota 
Avenue Project, all in accordance with detailed plans here- 
after to be prepared therefore and after said plans have 
been approved by the said Director of the Department of 
Public Works. 

Sec. 6. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



172 ORDINANCES Ord. No. 684 

No. 684 
(Council No. 1341) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in ac- 
cordance with Article V, Section 5(b) of the City Charter, 
all of the interest of the Mayor and City Council of Bal- 
timore in and to all those six parcels of land being (1) 
the former bed of Plainfield Avenue, 50 feet wide, from 
Woodlea Avenue to Valley View Avenue, (2), (3) and 
(4) being portions of the former bed of Taylor Avenue, 
varying in width, in the vicinity of Deckerts Lane, (5) 
the former bed of Sulphur Spring Road, varying in width, 
in the vicinity of Joh Avenue and (6) the former bed of 
Georgetown Road, varying in width, in the vicinity of 
Joh Avenue. Said properties being no longer needed for 
Public use. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or private 
sale in accordance with Article V Section 5(b) of the City 
Charter, all of the interest of the Mayor and City Council of 
Baltimore in and to those six parcels of land situate in 
Baltimore, Maryland, and described as follows : 

PARCEL NO. 1 

BEGINNING for the same at the point formed by the 
intersection of the southeast side of the former bed of Plain- 
field Avenue, 50 feet wide, as condemned and closed under 
Ordinance No. 952, approved July 9, 1975 by the Mayor and 
City Council of Baltimore and the northeast side of Wood- 
lea Avenue, 50 feet wide, and running thence binding on the 
northeast side of said Woodlea Avenue, Northwesterly 50 
feet, more or less, to intersect the northwest side of the 
former bed of said Plainfield Avenue; thence binding on the 
northwest side of the former bed of said Plainfield Avenue, 
Northeasterly 265 feet, more or less, to intersect the 
southwest side of Valley View Avenue, 50 feet wide; thence 
binding on the southwest side of said Valley View Avenue, 
Southeasterly 50 feet, more or less, to intersect the southeast 
side of the former bed of said Plainfield Avenue and thence 



ORDINANCES 173 

binding on the southeast side of the former bed of said 
Plainfield Avenue, Southwesterly 265 feet, more or less, to 
the place of beginning. 

PARCEL NO. 2 

BEGINNING for the same at the point formed by the 
intersection of the northeast side of the former bed of 
Taylor Avenue, varying in width, as condemned and closed 
under Ordinance No. 952, approved July 9, 1975 by the 
Mayor and City Council of Baltimore and the northeast 
side of Taylor Avenue, 50 feet wide, and running thence 
binding on the northeast side of the former bed of said 
Taylor Avenue, varying in width, as condemned and closed, 
South 51°-41'-40" East 169.99 feet to intersect the north- 
west side of Deckerts Lane, 50 feet wide; thence binding on 
the northwest side of said Deckerts Lane the two following 
courses and distances; namely, by a line curving to the left 
with the radius of 192.279 feet the distance of 37.06 feet 
which arc is subtended by a chord bearing South 73°-38'-22" 
West 37.00 feet and South 68°-07'-06" West 30.16 feet to 
intersect the northeast side of Taylor Avenue, 50 feet wide, 
and thence binding on the northeast side of last said Taylor 
Avenue, by a line curving to the left with a radius of 725.00 
feet the distance of 145.24 feet which arc is subtended by 
a chord bearing North 28°-49'-28" West 144.99 feet to the 
place of beginning. 

PARCEL NO. 3 

BEGINNING for the same at the point formed by the 
intersection of the east side of the former bed of Taylor 
Avenue, varying in width, as condemned and closed under 
Ordinance No. 952, approved July 9, 1975 by the Mayor and 
City Council of Baltimore and the northeast side of Taylor 
Avenue, 50 feet wide, and running thence binding on the 
northeast side of Taylor Avenue, 50 feet wide, the two 
following courses and distances; namely, by a line curving 
to the right with a radius of 625.00 feet the distance of 
91.18 feet which arc is subtended by a chord bearing North 
26°-03'-44" West 91.10 feet and North 21°-52'-54" West 68.51 
feet to intersect the southeast side of Deckerts Lane, 50 
feet wide; thence binding on the southeast and south sides 
of said Deckerts Lane the two following courses and dis- 
tances; namely, North 68°-07'-06" East 30.00 feet and by a 



174 ORDINANCES Ord. No. 684 

line curving to the right with a radius of 142.279 feet the 
distance of 35.64 feet which arc is subtended by a chord 
bearing North 75°-17'-39" East 35.55 feet to intersect the 
east side of the former bed of said Taylor Avenue, varying 
in width, as condemned and closed and thence binding on 
the east side of the former bed of last said Taylor Avenue, 
South 01°-09'-12" East 165.64 feet to the place of begin- 
ning. 

PARCEL NO. 4 

BEGINNING for the same at the point formed by the 
intersection of the southwest side of the former bed of 
Taylor Avenue, varying in width, as condemned and closed 
under Ordinance No. 952, approved July 9, 1975 by the 
Mayor and City Council of Baltimore and the southwest side 
of Taylor Avenue, 50 feet wide, and running thence binding 
on the southwest and west sides of the former bed of said 
Taylor Avenue, varying in width, as condemned and closed, 
the two following courses and distances; namely, North 
66°-09'-35" West 211.43 feet and North 07°-20'-48" East 
108.71 feet to intersect the southwest side of Taylor Ave- 
nue, 50 feet wide, and thence binding on the southwest side 
of last said Taylor Avenue, by a line curving to the left with 
a radius of 675.00 feet the distance of 265.46 feet which 
arc is subtended by a chord bearing South 42°-52'-55" East 
263.76 feet to the place of beginning. 

PARCEL NO. 5 

BEGINNING for the same at the point formed by the 
intersection of the south side of the former bed of Sulphur 
Spring Road, varying in width, as condemned and closed 
under Ordinance No. 952, approved July 9, 1975 by the 
Mayor and City Council of Baltimore and the line of the 
northeast side of Grantly Street, 50 feet wide, if projected 
southeasterly and running thence binding reversely on 
said line so projected, North 18°-14'-20" West 48 feet, more 
or less, to intersect the north side of the former bed of said 
Sulphur Spring Road; thence binding on the north side of 
the former bed of said Sulphur Spring Road, Easterly 
134.23 feet to intersect the south side of Jon Avenue, 
80 feet wide; thence binding on the south and southeast 
sides of said Joh Avenue the two following courses and 



ORDINANCES 175 

distances; namely, Easterly by a line curving to the left with 
a radius of 858.51 feet the distance of 471 feet, more or less, 
and North 61°-10'-00" East 16.07 feet to intersect the line 
of the southwest side of Bloomfield Avenue, 50 feet wide, 
if projected southeasterly; thence binding on last said line 
so drawn, South 18°-14'-20" East 49.61 feet to intersect the 
south side of the former bed of said Sulphur Spring Road 
and thence binding on the south side of the former bed of 
said Sulphur Spring Road, South 77°-12'-53" West 622.82 
feet to the place of beginning. 

PARCEL NO. 6 

BEGINNING for the same at the point formed by the 
intersection of the southeast side of the former bed of 
Georgetown Road, varying in width, as condemned and 
closed under Ordinance No. 952, approved July 9, 1975 by 
the Mayor and City Council of Baltimore and the line of the 
northeast side of Bloomfield Avenue, 50 feet wide, if 
projected southeasterly and running thence binding re- 
versely on said line so projected, North 18°-14'-20" West 
82.17 feet to intersect the southeast side of Joh Avenue, 
80 feet wide; thence binding on the southeast side of 
said Joh Avenue, North 61°-10'-00" East 207.77 feet to the 
south side of Joh Avenue, varying in width; thence binding 
on the south side of last said Joh Avenue, by a line curving 
to the right with a radius of 25.0 feet the distance of 
29.92 feet which arc is subtended by a chord bearing South 
84°-32'-31.5" East 28.17 feet to intersect the southeast side 
of the former bed of said Georgetown Road and thence 
binding on the southeast side of the former bed of said 
Georgetown Road the two following courses and distances; 
namely, South 46°-43'-20" West 239.41 feet and South 
39°-50'-40" West 15.45 feet to the place of beginning. 

PARCEL NO. 7 

BEGINNING FOR THE SAME AT THE POINT 
FORMED BY THE INTERSECTION OF THE SOUTH- 
EAST SIDE OF WALTHER AVENUE, AS NOW LAID 
OUT 100 FEET WIDE, AND THE NORTHEAST SIDE 
OF THE WALTHER AVENUE-FLEETWOOD AVENUE 
CONNECTION, AS NOW LAID OUT VARYING IN 
WIDTH, AND RUNNING THENCE BINDING ON THE 



176 ORDINANCES Ord. No. 684 

SOUTHEAST SIDE OF SAID WALTHER AVENUE BY 
A LINE CURVING TO THE LEFT WITH A RADIUS 
OF 980.00 FEET THE DISTANCE OF 120.18 FEET 
WHICH ARC IS SUBTENDED BY A CHORD BEARING 
NORTH 49°-ll'-31" EAST 120.10 FEET TO INTERSECT 
THE SEVENTH LINE OF THE PARCEL OF LAND 
CONVEYED BY ERNEST MILLIONIE AND WIFE TO 
THE MAYOR AND CITY COUNCIL OF BALTIMORE 
BY DEED DATED DECEMBER 11, 1957 AND RE- 
CORDED AMONG THE LAND RECORDS OF BALTI- 
MORE CITY IN LIBER J.F.C. NO. 432, FOLIO 392; 
THENCE BINDING ON PART OF THE SEVENTH LINE 
OF THE PARCEL OF LAND DESCRIBED IN SAID 
DEED, SOUTH 12°-25'-40" WEST 135.96 FEET TO IN- 
TERSECT THE NORTHEAST SIDE OF SAID WAL- 
THER AVENUE-FLEETWOOD AVENUE CONNEC- 
TION, AND THENCE BINDING ON THE NORTHEAST 
SIDE OF SAID WALTHER AVENUE-FLEETWOOD 
AVENUE CONNECTION THE TWO FOLLOWING 
COURSES AND DISTANCES; NAMELY, BY A LINE 
CURVING TO THE RIGHT WITH A RADIUS OF 411.00 
FEET THE DISTANCE OF 62.24 FEET WHICH ARC IS 
SUBTENDED BY A CHORD BEARING NORTH 49°-41'- 
18" WEST 62.18 FEET AND NORTH 45°-21'-00"; WEST 
20.00 FEET TO THE PLACE OF BEGINNING. 

BEING SUBJECT TO AGREEMENTS FOR RIGHT 
OF WAY FOR SEWERS AND DRAINS, DATED MARCH 
18, 1932 AND RECORDED AMONG THE LAND REC- 
ORDS OF BALTIMORE CITY IN LIBER S.C.L. NO. 
5307, FOLIO 142, AND APRIL 18, 1932 AND RECORDED 
AMONG THE SAID LAND RECORDS IN LIBER S.C.L. 
5297, FOLIO 83. 

PARCEL NO. 8 

BEGINNING FOR THE SAME AT A POINT ON THE 
SOUTHEAST SIDE OF WALTHER AVENUE, AS NOW 
LAID OUT 100 FEET WIDE, DISTANT 68 FEET, 
MORE OR LESS, MEASURED SOUTHWESTERLY 
ALONG THE SOUTHEAST SIDE OF SAID WALTHER 
AVENUE FROM THE SOUTH SIDE OF NORTHERN 
PARKWAY, AS NOW LAID OUT VARYING IN WIDTH, 
SAID POINT OF BEGINNING ALSO BEING A POINT 



ORDINANCES 177 

ON THE FIFTH LINE OF THE PARCEL OF LAND 
CONVEYED BY ERNEST MILLIONIE AND WIFE TO 
THE MAYOR AND CITY COUNCIL OF BALTIMORE 
BY DEED DATED DECEMBER 11, 1957 AND RE- 
CORDED AMONG THE LAND RECORDS OF BALTI- 
MORE CITY IN LIBER J.F.C. NO. 432, FOLIO 392, AND 
RUNNING THENCE BINDING ON PART OF THE 
FIFTH LINE OF THE PARCEL OF LAND DESCRIBED 
IN SAID DEED, TO THE END THEREOF, SOUTHERLY 
21 FEET, MORE OR LESS; THENCE BINDING ON 
PART OF THE SIXTH LINE OF THE PARCEL OF 
LAND DESCRIBED IN SAID DEED, AND ON THE 
NORTHEAST SIDE OF A 10 FOOT ALLEY, THERE 
SITUATE, NORTHWESTERLY 15 FEET, MORE OR 
LESS, TO INTERSECT THE SOUTHEAST SIDE OF 
SAID WALTHER AVENUE, AND THENCE BINDING 
ON THE SOUTHEAST SIDE OF SAID WALTHER 
AVENUE NORTHEASTERLY BY A LINE CURVING 
TO THE LEFT WITH A RADIUS OF 980.00 FEET THE 
DISTANCE OF 23 FEET, MORE OR LESS, TO THE 
PLACE OF BEGINNING. 

BEING SUBJECT TO AGREEMENTS FOR RIGHT 
OF WAY FOR SEWERS AND DRAINS, DATED MARCH 
18, 1932 AND RECORDED AMONG THE LAND REC- 
ORDS OF BALTIMORE CITY IN LIBER S.C.L. NO. 
5307, FOLIO 142, AND APRIL 18, 1932 AND RECORDED 
AMONG THE SAID LAND RECORDS IN LIBER S.C.L. 
5297, FOLIO 83. 

Said properties being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



178 ORDINANCES Ord. No. 685 

No. 685 
(Council No. 1413) 

An Ordinance authorizing and providing for the issu- 
ance, sale and delivery, by Mayor and City Council 
of Baltimore (the "City") of its revenue bonds, des- 
ignated "Residential Financing Revenue Bonds (Cold- 
spring Loan Program)" in the aggregate principal 
amount not exceeding $12,500,000 pursuant to the pro- 
visions of Subsections (51) and (50) of Article II 
of the Charter of Baltimore City (1964 Revision, as 
amended) , in order to use the proceeds for the sole and 
exclusive purpose of financing the Coldspring Loan Pro- 
gram (as defined in this ordinance) for the Coldspring 
Area (as defined in this ordinance) in the City of Balti- 
more, including (without limitation) the purchase, the 
contracting to purchase or the acquisition of mortgage 
loans bearing interest rates below those generally pre- 
vailing (at the time of purchase or contract to purchase) 
in the private mortgage market (to the extent such a 
market exists at that time) for loans of comparable 
quality and term in the City of Baltimore, as provided 
in this ordinance, for the public purpose of developing 
readily available sources of money at low and moderate 
cost for the Coldspring Loan Program (as defined in this 
ordinance) for the Coldspring Area (as defined in this 
ordinance) within the City of Baltimore; making certain 
legislative findings, among others, concerning the public 
benefit and purpose of such revenue bonds; providing 
that such revenue bonds (a) shall be payable solely and 
only from Revenue Bond Loan Program Revenues (as 
defined in this ordinance) and (to the extent provided 
by resolution of the Commissioners of Finance of the 
City adopted pursuant to this ordinance) certain pro- 
ceeds of such revenue bonds and (b) shall not ever 
constitute, within the meaning of Section 7 of Article 
XI of the Constitution of Maryland or any other consti- 
tutional, statutory or charter provision or otherwise (i) 
a debt or general obligation of the City or any other 
political subdivision or (ii) a pledge of or an involve- 
ment of the faith and credit or the taxing powers of the 
City or any other political subdivision; authorizing and 



ORDINANCES 179 

empowering the Commissioners of Finance of the City 
by resolution (i) to determine and set forth certain 
matters pertaining to the revenue bonds, including 
(without limitation) the form, terms, provisions (includ- 
ing redemption provisions and sinking fund require- 
ments, if any), manner or method of issuing and selling 
(including negotiated as well as competitive bid sale), 
and the time or times of issuance and any and all other 
details of such revenue bonds, (ii) to do any and all 
things necessary, proper or expedient in connection with 
the issuance and sale of such revenue bonds, including 
(without limitation) to prepare and distribute a prelimi- 
nary and final official statement in connection with the 
sale of such revenue bonds, to determine the date, time 
and place when an underwriting agreement or purchase 
agreement shall be submitted by the underwriters for 
such revenue bonds or the purchasers of such revenue 
bonds and to determine certain of the terms of such an 
agreement, to determine the interest rate or rates to be 
paid by the City on such revenue bonds and to appoint 
a trustee for such revenue bonds, and (iii) to approve 
the form of a trust agreement between the City and the 
trustee, which trust agreement may (a) pledge or assign 
all or any part of the security for such revenue bonds, 
(b) contain reasonable and proper provisions for the 
protection and enforcement of the rights and remedies 
of the holders of such revenue bonds, (c) set forth the 
rights and remedies of the holders of such revenue bonds 
and of the trustee and may restrict the individual right 
of action by the holders of such revenue bonds, and (d) 
contain whatever other provisions are deemed reasonable 
and proper for the security of the holders of such reve- 
nue bonds; providing that all or a portion of such 
revenue bonds may be refunded pursuant to a subsequent 
ordinance of the City; and generally providing for and 
determining various matters in connection with the 
authorization, issuance, security, sale and payment of 
such revenue bonds. 

RECITALS 

A. Subsection (51) — Loans to Facilitate Low and Moder- 
ate Cost Residential Mortgage Financing Within the 



180 ORDINANCES Ord. No. 685 

City, of Article II of the Charter of Baltimore City (1964 
Revision, as amended) ("Subsection 51") authorizes 
Mayor and City Council of Baltimore (the "City") to 
borrow money by the issuance and sale of its revenue 
bonds and to utilize the proceeds of the bonds to develop 
an owner-occupancy residential mortgage loan program 
in the City of Baltimore, Maryland ("Baltimore") to 
provide readily available sources of money at low and 
moderate cost for such residential mortgage loans within 
Baltimore through the purchase, contracting to purchase 
or other acquisition of mortgage loans (i) bearing inter- 
est rates below those generally prevailing (at the time 
of purchase or contract to purchase) in the private 
mortgage market (to the extent such a market exists at 
that time) for loans of comparable quality and term in 
Baltimore and (ii) having whatever other terms and 
characteristics as may be determined by the City. Sub- 
section (51) requires that revenue bonds authorized 
thereunder shall be issued pursuant to Subsection (50) 
— Revenue Bonds and Obligations, of the Charter of Bal- 
timore City (1964 Revision, as amended) . 

B. Subsection (50) — Revenue Bonds and Obligations, of 
Article II of the Charter of Baltimore City (1964 Revi- 
sion, as amended) ("Subsection (50)") authorizes the 
City to borrow money through the issuance and sale of 
its revenue bonds for the accomplishment of any of the 
purposes, objects and powers of the City. Revenue bonds 
issued pursuant to Subsection (50) shall be payable, as 
to both principal and interest, solely from and secured 
solely by (i) the revenues from or arising in connection 
with the property, facilities, developments and improve- 
ments whose financing is undertaken by issuance of the 
bonds, (ii) the revenues from or arising in connection 
with any contracts, mortgages or other securities pur- 
chased or otherwise acquired with the proceeds of the 
bonds, (iii) the contracts, mortgages or other securities 
purchased or otherwise acquired with the proceeds of 
the bonds, or (iv) any combination of (i), (ii) or (iii). 

C. Subsection (50) further authorizes the City to author- 
ize and empower the Commissioners of Finance of the 
City (the "Commissioners of Finance") by resolution 
(i) to determine and set forth certain matters pertain- 



ORDINANCES 181 

ing to the revenue bonds, including (without limitation) 
the form, terms, provisions, manner or method of 
issuing and selling (including negotiated as well as com- 
petitive bid sale), and the time or times of issuance and 
any and all other details of such revenue bonds, (ii) to 
do any and all things necessary, proper or expedient in 
connection with the issuance and sale of such revenue 
bonds, and (iii) to approve the form of a trust agree- 
ment between the City and the trustee, which trust 
agreement may (a) pledge or assign all or any part of 
the security for such bonds, (b) contain reasonable and 
proper provisions for the protection and enforcement of 
the rights and remedies of the holders of such bonds, (c) 
set forth the rights and remedies of the holders of such 
bonds and of the trustee and may restrict the individual 
rights of action by the holders of the bonds, and (d) 
contain whatever other provisions are deemed reasonable 
and proper for the security of the holders of such bonds. 

D. Subsection (51) and Subsection (50) are referred to 
herein collectively as the "Enabling Laws". 

E. Subsection (51) declares, among other things, that 
borrowing money thereunder by the issuance of revenue 
bonds shall be for the essential public purpose of (i) 
preserving a healthy and viable economy within Balti- 
more, (ii) encouraging and facilitating the creation or 
maintenance of a healthy and ready market for residen- 
tial real estate in Baltimore, (iii) encouraging and 
facilitating the purchase of residential real property in 
Baltimore in order to maintain and encourage growth in 
real property assessments in Baltimore, and (iv) pre- 
serving the public health, safety and welfare of the resi- 
dents of Baltimore by enabling residents of Baltimore of 
all income levels to finance readily their housing needs 
in Baltimore, thus discouraging the proliferation of va- 
cant and substandard housing in Baltimore and retard- 
ing or reversing the movement of financially self suffi- 
cient taxpayers to surrounding subdivisions. 

F. The City established and enacted an urban renewal 
area known as the Coldspring Neighborhood Develop- 
ment Program Urban Renewal Area (the "Coldspring 
Area") by the adoption of Ordinance No. 242 of the City, 
approved January 8, 1973, as amended by Amendment 



182 ORDINANCES Ord. No. 68S 

No. 1, dated February 27, 1975, approved by the City by 
Ordinance No. 847, approved April 7, 1975, and Amend- 
ment No. 2, dated September 16, 1975, approved by the 
Board of Estimates of the City on October 8, 1975. The 
Coldspring Area, consisting of approximately 576 acres, 
is bounded generally by Northern Parkway on the North, 
the Jones Falls Expressway on the East, Druid Park 
Drive on the South, and Greenspring Avenue on the 
West. Through the development of the Coldspring 
Neighborhood Development Program for the Coldspring 
Area the ("Coldspring Neighborhood Development Pro- 
gram"), the City seeks to promote a new community 
within Baltimore offering a variety of good housing 
accommodations in an attractive environment. 

G. Pursuant to the Land Disposition Agreement between 
the City and the developer of the Coldspring Area, 
approved by the Board of Estimates of the City, dated 
July 4, 1975, adopted pursuant to the Coldspring Neigh- 
borhood Development Program, the City has agreed to 
use its best efforts to provide the necessary permanent 
mortgage financing for purchasers of Coldspring Area 
residential units through the issuance of the City's reve- 
nue bonds. 

H. Pursuant to the Coldspring Neighborhood Develop- 
ment Program, the Coldspring Area will be developed in 
planned stages, and the City proposes to provide the nec- 
essary long-term mortgage financing for purchasers of 
Coldspring Area residential units through several issues 
of the City's revenue bonds relating to different stages 
of the Coldspring Area development. 

I. Stage 1-A of the Coldspring Neighborhood Develop- 
ment Program, consisting of 124 condominium units, is 
near completion. It is expected that purchasers of units 
in Stage 1-A will require an aggregate of approximately 
$5,100,000 of mortgage loans over a period of six months 
from the date of the issuance of the Bonds (defined in 
this ordinance) . 

J. Construction of Stage 1-B of the Coldspring Neighbor- 
hood Development Program is expected to be completed 
in about eighteen months from the date of the issuance 



ORDINANCES 183 

of the Bonds (defined in this ordinance). It is expected 
that purchasers of units in Stage 1-B will require an 
aggregate of approximately $6,500,000 of mortgage loans 
over a period of approximately three months from com- 
pletion. Purchasers of residential units in Stages 1-A and 
1-B of the Coldspring Neighborhood Development Pro- 
gram, the mortgages for which are financed pursuant to 
the Coldspring Loan Program (defined in this ordi- 
nance) , are hereinafter referred to as the "Mortgagors". 

K. Pursuant to authority provided in Article XI-H of the 
Constitution of Maryland and Chapter 606 of the Laws of 
Maryland of 1974, the City adopted Ordinance No. 641 
of Mayor and City Council of Baltimore (approved June 
12, 1974, effective November 5, 1974) and thereafter 
issued a $10,000,000 general obligation Residential Fi- 
nancing Serial 1977-1996 Loan, dated April 15, 1977, 
the proceeds of which could be used (a) to make or con- 
tract to make financial loans to any person or other legal 
entity to be used for or in connection with the purchase, 
acquisition, construction, erection or development of 
buildings or structures, including any land necessary 
therefor, within the boundaries of Baltimore, which 
buildings or structures are to be used or occupied for 
residential purposes, and (b) to guarantee or insure 
financial loans made by third parties to any person or 
other legal entity which are to be used for or in connec- 
tion with the purchase, acquisition, construction, erection 
or development of buildings or structures, including any 
land necessary therefor, within the boundaries of Balti- 
more, which buildings or structures are to be used or 
occupied for residential purposes. The City, acting 
through the Department of Housing and Community 
Development of the City and the Board of Estimates of 
the City, has determined and is expected to determine 
to use the proceeds of the Residential Financing Serial 
1977-1996 Loan to make, guarantee or insure a number 
of financial loans in connection with residential prop- 
erty in Baltimore, including a loan in the principal 
amount not to exceed $1,250,000 (the "City General 
Obligation Loan") to be used together with the proceeds 
of the revenue bonds to be issued pursuant to this ordi- 
nance to develop the Coldspring Loan Program (defined 



184 ORDINANCES Ord. No. 685 

in this ordinance) as an integral part of the Coldspring 
Neighborhood Development Program. 

L. Pursuant to the Enabling Laws, the City has deter- 
mined to issue and sell in an amount not to exceed 
$12,500,000 aggregate principal amount of its "Residen- 
tial Financing Revenue Bonds, 1978 Series (Coldspring 
Loan Program) " (the "Bonds") and to use the proceeds 
of the Bonds, together with the City General Obligation 
Loan, to develop an owner-occupancy residential loan 
program for the Coldspring Neighborhood Development 
Program, Stages 1-A and 1-B, which loan program will 
include (without limitation) the financing of mortgage 
loans for the Mortgagors (collectively, the "Coldspring 
Loan Program"). The City has determined to issue and 
sell the Bonds to effectuate the public purpose of (i) 
preserving a healthy and viable economy within Balti- 
more, (ii) creating a healthy and ready market for resi- 
dential real estate in Baltimore, (iii) encouraging and 
facilitating the purchase of residential real property in 
Baltimore in order to maintain and encourage growth 
in real property assessments in Baltimore, and (iv) pre- 
serving the public health, safety and welfare of the 
residents of Baltimore by enabling residents of Baltimore 
of all income levels to finance readily their housing needs 
in Baltimore, thus discouraging the proliferation of va- 
cant and substandard housing in Baltimore and retard- 
ing or reversing the movement of financially self suffi- 
cient taxpayers to surrounding subdivisions. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That, acting pursuant to the Enabling Laws, 
it is hereby found and determined, as follows : 

(1) The issuance of revenue bonds by the City pur- 
suant to the Enabling Laws to develop the Coldspring Loan 
Program as a part of the Coldspring Neighborhood Develop- 
ment Program in Baltimore through the purchase, con- 
tracting to purchase or other acquisition of mortgage 
loans (i) bearing interest rates below those generally pre- 
vailing (at the time of purchase or contract to purchase) 
in the mortgage market (to the extent such a market 
exists at that time) for loans of comparable quality and 
term in Baltimore and (ii) having the terms and charac- 



ORDINANCES 185 

teristics as determined by this ordinance and the Com- 
missioners of Finance acting pursuant to this ordinance, 
will encourage and facilitate the purchase of residential 
property in the Coldspring Area by residents of Baltimore 
of all income levels. 

(2) The accomplishment of the transactions contem- 
plated and authorized by this ordinance, including (with- 
out limitation) the development of the Coldspring Loan 
Program, will accomplish a public purpose and meet exist- 
ing public needs by (i) preserving a healthy and viable 
economy within Baltimore, (ii) encouraging and facilitat- 
ing the creation or maintenance of a healthy and ready 
market for residential real estate in Baltimore, (iii) en- 
couraging and facilitating the purchase of residential real 
property in Baltimore in order to maintain and encourage 
growth in real property assessments in Baltimore, and (iv) 
preserving the public health, safety and welfare of the 
residents of Baltimore by enabling residents of Baltimore 
of all income levels to finance readily their housing needs 
in Baltimore, thus discouraging the proliferation of vacant 
and substandard housing in Baltimore and retarding or 
reversing the movement of financially self sufficient tax- 
payers to surrounding subdivisions. 

(3) Neither bonds nor interest coupons issued under 
the authority of the Enabling Laws constitute (i) a debt 
or general obligation of the City or any other political 
subdivision or (ii) a pledge of or an involvement of the faith 
and credit or the taxing powers of the City or any other 
political subdivision, all within the meaning of Section 7 
of Article XI of the Constitution of Maryland or any other 
constitutional, statutory or charter provision. The princi- 
pal of and interest on the Bonds shall be payable from, and 
secured by, (i) an assignment of payments, proceeds, 
charges, rents and other income (except certain escrow 
payments) to be derived in cash by or for the account of 
the City from or related to the Coldspring Loan Program, 
including (without limitation) payments of principal of 
and interest on mortgage loans made by the City under 
the Coldspring Loan Program (the "Revenue Bond Loan 
Program Revenues") and (ii) (to the extent provided by 
resolution of the Commissioners of Finance adopted pur- 
suant to this ordinance) proceeds of the Bonds. The prin- 



186 ORDINANCES Ord. No. 685 

cipal of and interest on the Bonds shall be secured by 
(without limitation) mortgage loans to Mortgagors fi- 
nanced under the Coldspring Loan Program. All such 
mortgages shall be assigned to the trustee for the Bonds 
pursuant to a trust agreement between the City and the 
trustee for the Bonds. The Bonds may be additionally se- 
cured (without in any way specifying or limiting the 
terms of such additional security) by (i) insuring the 
Revenue Bond Loan Program Revenues by private mort- 
gage insurance provided by a private mortgage insurer 
selected by the Commissioners of Finance, or (ii) insuring 
the Revenue Bond Loan Program Revenues through the 
Maryland Housing Fund or such other Federal, State or 
municipal fund or other agency permitted by applicable 
law to perform such insuring functions; or (iii) assigning 
the proceeds of the mortgage insurance to the trustee for 
the holders of the Bonds (the "Bondholders") ; or (iv) 
such other security as the Commissioners of Finance may 
by resolution approve; or (v) any combination of (i), (ii), 
(iii) and (iv). 

The principal amount of the Bonds will be paid directly 
to, and will be disbursed by, the independent trustee ap- 
pointed by the Commissioners of Finance pursuant to this 
ordinance (the "Trustee"). No such moneys will be either 
commingled with the City's general funds or made subject 
to the absolute control of the City, except for such limited 
supervision and checks as are deemed necessary or desir- 
able by the City to insure that the proceeds of the Bonds 
are used to accomplish the public purposes of the Enabling 
Laws and this ordinance. The Revenue Bond Loan Program 
Revenues will be paid by the Mortgagors to the mortgage 
servicer for the Coldspring Loan Program, as stipulated in 
the Servicing Agreement to be entered into by the City 
with a servicing agent for the Coldspring Loan Program 
mortgages, and the Revenue Bond Loan Program Reve- 
nues, less the servicing fee to be approved by the Com- 
missioners of Finance, shall be paid by such servicer to 
the Trustee. The transactions authorized hereby do not 
constitute a public improvement or a capital project within 
the meaning of any charter or statutory provision. The 
public purposes expressed in this ordinance are intended 
to be achieved by providing residential low and moderate 



ORDINANCES 187 

cost mortgage loans to the Mortgagors within Baltimore; 
preserving a healthy economy within Baltimore; fostering 
a healthy market for residential real estate in Baltimore; 
fostering the purchase of residential real property in Bal- 
timore and providing affordable housing within Baltimore, 
thus discouraging the movement of taxpayers to surround- 
ing subdivisions. 

Sec. 2. And be it further ordained, That, the issuance, 
sale and delivery of not exceeding $12,500,000 aggregate 
principal amount of revenue bonds, hereby designated 
"Residential Financing Revenue Bonds, 1978 Series (Cold- 
spring Loan Program) " are hereby authorized, subject to 
the provisions of this ordinance, the proceeds to be used 
to develop the Coldspring Loan Program as a part of the 
Coldspring Neighborhood Development Program, all as set 
forth in this ordinance. In addition to the disbursement of 
Bond proceeds for mortgage loans under the Coldspring 
Loan Program, Bond proceeds may be disbursed (without 
limitation) (i) to pay the cost of issuance and sale of the 
Bonds, including (without limitation) costs of printing the 
Bonds, the official statement and other legal documents, 
costs of delivery of the Bonds, legal fees, accounting fees, 
underwriting costs, advertising costs, costs of rating 
agency reviews and all other incidental related expenses 
and (ii) (to the extent provided by resolution of the Com- 
missioners of Finance adopted pursuant to this ordinance) 
to fund a debt service reserve for the Bonds. The Bonds 
shall be solely and exclusively payable from the Revenue 
Bond Loan Program Revenues and (to the extent provided 
by resolution of the Commissioners of Finance adopted 
pursuant to this ordinance) certain Bond proceeds. The 
Bonds shall be secured by (without limitation) mortgage 
loans to Mortgagors financed under the Coldspring Loan 
Program. All such mortgages shall be assigned by the 
Trustee pursuant to a trust agreement between the City 
and the Trustee. The Commissioners of Finance may re- 
quire, however, that the Bonds be additionally secured by 
(i) insuring the Revenue Bond Loan Program Revenues 
through private mortgage insurance provided by a private 
mortgage insurer selected by the Commissioners of Fi- 
nance; or (ii) insuring the Revenue Bond Loan Program 
Revenues through the Maryland Housing Fund or such 



188 ORDINANCES Ord. No. 685 

Federal, State, or municipal fund or other agency permit- 
ted by applicable law to perform such insuring functions; 
or (iii) assigning the proceeds of the mortgage insurance 
to the Trustee for the Bondholders; or (iv) such other 
security as the Commissioners of Finance may approve; 
or (v) any combination of (i), (ii), (iii) and (iv). The 
aggregate principal amount of Bonds issued, sold and de- 
livered pursuant to this ordinance shall not exceed $12,- 
500,000 unless such amount shall be increased by an ordi- 
nance of the City supplemental hereto. Nothing in this 
ordinance is intended or shall be deemed to exclude the 
issuance of refunding bonds to refund all or a portion of 
the Bonds, and the adoption of a subsequent ordinance or 
ordinances for such purpose is expressly contemplated by 
this ordinance. 

In accordance with the Enabling Laws, the City hereby 
authorizes the Commissioners of Finance, unless the City 
shall otherwise prescribe prior to the issuance and delivery 
of the Bonds, by resolution to take the following actions 
and to make the following commitments on behalf of the 
City: 

(a) to determine and set forth the form, terms, pro- 
visions (including redemption provisions and sinking fund 
requirements, if any), manner or method of issuing and 
selling (including negotiated or competitive bid sale) and 
the time or times of issuance and any and all other details 
of the Bonds ; 

(b) to prepare and distribute, in conjunction with the 
prospective underwriters for the Bonds, both a preliminary 
and a final official statement in connection with the sale 
of the Bonds; provided, however, that any such prelimi- 
nary official statement shall be clearly marked to indicate 
that it is subject to completion and amendment ; 

(c) to determine the date, time and place when an un- 
derwriting agreement or purchase contract shall be sub- 
mitted by the underwriters for the Bonds or purchasers of 
the Bonds, such underwriting agreement or purchase con- 
tract to specify the interest rate or rates proposed to be 
paid on the Bonds, the price at which such Bonds are to be 
sold to such underwriters or purchasers, and such other 
matters as the underwriters or purchasers and the Com- 



ORDINANCES 189 

missioners of Finance may deem necessary or desirable in 
order to effect the sale and delivery of the Bonds ; 

(d) to determine the interest rate or rates to be paid 
by the City on the Bonds in accordance with the proposed 
underwriting agreement or purchase contract submitted 
by the underwriters for the Bonds or purchasers of the 
Bonds; 

(e) to appoint a bank having trust powers, or a trust 
company, as trustee for the Bonds to be issued pursuant to 
this ordinance ; and 

(f) to approve the form of a trust agreement between 
the City and the Trustee, which trust agreement may (i) 
pledge or assign all or any part of the security for the 
Bonds, (ii) contain reasonable and proper provisions for 
the protection and enforcement of the rights and remedies 
of the Bondholders, (iii) set forth the rights and remedies 
of the Bondholders and the Trustee and may restrict the 
individual right of action by the Bondholders, and (iv) 
contain whatever other provisions are deemed reasonable 
and proper for the security of the Bondholders. 

The Commissioners of Finance shall perform any and 
all actions necessary or deemed appropriate by such Com- 
missioners in order to effect the issuance and sale of the 
Bonds in accordance with and pursuant to this ordinance 
and the underwriting agreement or purchase contract for 
the Bonds. 

The Bonds shall be dated as of the first day of the month 
next following the date on which the Bonds are sold unless 
the Commissioners of Finance shall specify a different 
date by a resolution adopted pursuant to this ordinance, 
and the Bonds shall bear interest at an annual rate or rates 
payable semi-annually following the date of the Bonds so 
that, if the Bonds are dated February 1, 1978, interest on 
the Bonds will be payable on August 1, 1978, and semi- 
annually thereafter each February 1 and August 1. 

The Bonds issued hereunder shall mature on the date or 
dates provided in a resolution of the Commissioners of 
Finance adopted pursuant to this ordinance, but the last 
maturity of the Bonds shall in no event exceed a period of 
forty (40) years from the date of the Bonds. If the resolu- 



190 ORDINANCES Ord. No. 686 

tion of the Commissioners of Finance does not provide any 
maturity or maturities for the Bonds, all of the Bonds shall 
mature on the date thirty-two (32) years from the date of 
the Bonds. If the Bonds are dated February 1, 1978, all the 
Bonds will mature (in the absence of a resolution of the 
Commissioners of Finance determining otherwise) on Feb- 
ruary 1, 2010. 

Sec. 3. And be it further ordained, That, prior to the 
sale of the Bonds, the Commissioners of Finance, unless 
the City shall otherwise prescribe, may determine by res- 
olution: 

(1) the provisions of trust between the City and the 
Trustee ; 

(2) the manner of execution, authentication, registra- 
tion and transfer of the Bonds ; 

(3) provisions for authentication and delivery of the 
Bonds ; 

(4) the provisions of the Coldspring Loan Program, in- 
cluding the terms of the mortgages acquired under the 
Coldspring Loan Program and the terms of any servicing 
agreement between the City and a mortgage servicer for 
mortgages acquired under the Coldspring Loan Program; 

(5) the terms of the private insurance, public insur- 
ance or other security for the Bonds ; 

(6) provisions for creation, holding and disbursement 
of a program fund to be held by the Trustee ; 

(7) provisions for creation, holding and disbursement 
of any other funds and accounts to be held by the Trustee; 

(8) provisions for the application of the Revenue Bond 
Loan Program Revenues ; 

(9) provisions for the security for and investment of 
moneys held by the Trustee ; 

(10) the details of the procedure for the redemption 
of the Bonds ; 

(11) remedies for Bondholders in the event of default; 



ORDINANCES 191 

(12) the duties, rights and immunities of the Trustee; 

(13) the manner of execution of instruments by Bond- 
holders and the method of proof of ownership of the Bonds ; 

( 14 ) provisions for modification of this ordinance ; 

(15) provisions for defeasance of the Bonds ; 

(16) the forms of the Bonds, coupons and the Trustee's 
authentication certificate ; and 

(17) such other matters in connection with the author- 
ization, issuance, security, sale and payment of the Bonds 
as may be deemed appropriate by the Commissioners of 
Finance. 

Any resolution or resolutions adopted pursuant to this 
ordinance shall be deemed to be of an administrative na- 
ture. The Board of Estimates shall approve the amount and 
use of the City General Obligation Loan to be utilized in 
the Coldspring Loan Program. 

Sec. 4. And be it further ordained, That, if any action 
on any matter delegated to the Commissioners of Finance, 
or authorized for implementation by the Commissioners 
of Finance shall not be acted upon by the Commissioners 
of Finance, such actions and matters may be acted upon 
or implemented by a resolution, approved by the City 
Council of the City, which is subsequently approved by the 
Mayor or acting Mayor of the City. 

Sec. 5. And be it further ordained, That, the provisions 
of this ordinance are severable, and if any provision, sen- 
tence, clause, section or part thereof is held illegal, in- 
valid or unconstitutional or inapplicable to any person or 
circumstances, such illegality, invalidity or unconstitu- 
tionality, or inapplicability shall not affect or impair any 
of the remaining provisions, sentences, clauses, sections, or 
parts of this ordinance or its application to other persons 
or circumstances. It is hereby declared to be the legis- 
lative intent that this ordinance would have been adopted 
if such illegal, invalid or unconstitutional provision, sen- 
tence, clause, section or part had not been included therein, 
and if the person or circumstances to which this ordinance 



192 ORDINANCES Ord. No. 686 

or any part thereof is inapplicable had been specifically 
exempted therefrom. 

Sec. 6. And be it further ordained, That, this ordinance 
shall take effect from the date of its passage. 

Approved March 21, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 686 
(Council No. 1324) 

An Ordinance to amend the Urban Renewal Plan for the 
Orchard-Biddle Project, which plan was approved by 
Ordinance No. 1066, dated May 17, 1971, to, among other 
things, (1) delete certain properties from acquisition; 
(2) authorize the acquisition by purchase or by condem- 
nation by the Mayor and City Council of Baltimore, for 
Urban Renewal purposes of certain properties; (3) re- 
vise standards applicable to all non-residential property 
rehabilitation and provide penalties for violating these 
standards; (4) EXPAND THE PUBLIC LAND USE 
CATEGORY TO INCLUDE EDUCATIONAL FACILI- 
TIES AND RELATED USES; (5) change the per- 
mitted land uses of certain portions of Orchard-Biddle 
and establish controls over any non- conforming COM- 
PLYING properties; -(£)- (6) recommend the closing of 
certain streets and/or alleys; -(&)• (7) revise the lot lines 
and change the standards and controls of certain dis- 
position parcels; 4Q- (8) create certain disposition par- 
cels and corresponding standards and controls; -(&> (9) 
revise certain exhibits attached to said plan to indicate 
the changes provided therein; and -W- (10) provide for 
an effective date hereof. 

Whereas, an Urban Renewal Plan for Orchard-Biddle 
was approved by the Mayor and City Council of Baltimore 
by Ordinance No. 1066 dated May 17, 1971, and last 
amended by Ordinance No. 115 dated June 30, 1976; and 



ORDINANCES 193 

Whereas, pursuant to Section 26, Article 13 of the Bal- 
timore City Code (1966 Edition) as amended by Ordinance 
No. 152, approved June 28, 1968 and Ordinance No. 325, ap- 
proved May 31, 1977, no substantial change or changes 
shall be made in any renewal plan, after approval by ordi- 
nance, without such change or changes first being adopted 
and approved in the same manner as set forth in said 
Section 26 for the approval of a renewal plan, namely 
the preparation of such change or changes by the Depart- 
ment of Housing and Community Development, the approval 
of such change or changes by the Director of the Department 
of Planning, and approval and adoption by an ordinance of 
the Mayor and City Council of Baltimore after a public 
hearing in relation thereto, all in the manner set forth in 
said Section 26; and 

Whereas, extensive changes in the renewal plan make 
it infeasible to make line-by-line changes; therefore, the 
Department of Housing and Community Development has 
prepared an amended Renewal Plan for Orchard-Biddle, 
including all prior amendments to said Plan; and 

Whereas, said amended Renewal Plan for Orchard-Biddle 
has been approved by the Director of the Department of 
Planning of Baltimore City on October 27, 1977 with 
respect to its conformity to the Master Plan; the detailed 
location of any public improvements proposed in the 
amended Renewal Plan; its conformity to the rules and 
regulations for subdivision; and all zoning changes proposed 
in the amended Renewal Plan; and said amended Renewal 
Plan has been approved and recommended to the Mayor and 
City Council of Baltimore City by the Commissioner of the 
Department of Housing and Community Development on 
November 15, 1977. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the amended Renewal Plan for Orchard- 
Biddle, identified as "Urban Renewal Plan, Orchard-Biddle 
. . . revised to include Amendment No. 7, dated September 14, 
1977 AND REVISED FEBRUARY 16, 1978" is hereby 
approved, and the Clerk of the City Council is hereby 
directed to file a copy of said amended Renewal Plan with 
the Department of Legislative Reference as a permanent 



194 ORDINANCES Ord. No. 686 

public record and make the same available for public in- 
spection and information. 

Sec. 2. And be it further ordained, That it is necessary 
to delete certain properties or portions thereof from the 
lists of properties to be acquired in previous ordinances 
approving acquisition by purchase or by condemnation, in 
the Orchard-Biddle project, as follows : 

411 W. Biddle Street (Ordinance 115, dated June 30, 
1976) — that portion not deemed necessary by the Director 
of the Department of Public Works for the proposed City 
Boulevard 

401 03 Diamond Street (Ordinance Z&h 4&te4 Jtme 8? 
405 09 Diamond Street (Ordinance £££7 dated Juno 8y 

404 Diamond Street (Ordinance SSQy dated Jtrae 8? 1973) 

612 W. Fayette Street (Ordinance 846, dated April 7, 
1975) 

614 W. Fayette Street (Ordinance 846, dated April 7, 
1975) 

616 W. Fayette Street (Ordinance 846, dated April 7, 
1975) 

100-02 N. Greene Street (Ordinance 846, dated April 
7, 1975) 

104 N. Greene Street (Ordinance 846, dated April 7, 1975) 
106 N. Greene Street (Ordinance 846, dated April 7, 1975) 
108 N. Greene Street (Ordinance 846, dated April 7, 1975) 
110 N. Greene Street (Ordinance 846, dated April 7, 1975) 
112 N. Greene Street (Ordinance 846, dated April 7, 1975) 
114-16 N. Greene Street (Ordinance 846, dated April 7, 
1975) 

118 N. Greene Street (Ordinance 846, dated April 7, 
1975) 

8S3 Madison Avonuo (Ordinance 445r dated June 3O7 



ORDINANCES 195 

500 02 Wt Mulberry Stroot (Ordinanoo S60, 4ate4 fefie Sy 

400 Nt gaea Stroot (Ordinanoo 360? 4ate4 Jtme 8, 1973) 
408 N> gaea Stroot (Ordinanoo 360^ 4ate4 Jtme 8, 1973) 

404 £k Paea Stroot (Ordinanoo 360r 4ate4 fene g, 1973) 

405 £k £>aea Stroot (Ordinanoo 360? 4ate4 &me 8y 1973) 

105-07 Pearl Street (Ordinance 846, dated April 7, 1975) 
511 17 Pioroo Stroot (Ordinanoo £60? 4ate4 tore &? 1973) 

SEC. 3. And be it further ordained, That it may be neces- 
sary to acquire by purchase or condemnation the fee simple 
interest, or any lesser interest in and to certain properties, 
together with all right, title, interest, and estate that the 
owner or owners of said property interests may have in 
all streets, alleys, ways or lanes, public or private, both 
abutting the whole area described and/or contained within 
the perimeter of said area, provided that these properties or 
portions thereof are not deemed necessary by the Director 
of the Department of Public Works for the proposed City 
Boulevard and described as follows : 

7 w 

302 W, 

304 Wr 

70 fi 10 W 

342W, 

344 W, 

716-18 W. Baltimore Street 

720 W. Baltimore Street 

315 17 W " Ri drilr 9 t rorf 

319 W. Biddle Street 
325 W. Biddle Street 
327 W. Biddle Street 

700 Born Court 

836 N. Eutaw Street 
838 N. Eutaw Street 

30O-06 W, Fairmount Ayeftge 

304 W, Fairmount Ave^e 

303 ¥r Fairmount Averse 

305 W, Fairmount iVvonuo 




196 ORDINANCES Ord. No. 686 

70C W. FAIRMOUNT AVENUE 
?0? ^7 Fairmount Avonuo 
708 W. Fairmount Avenue 
WQ X+-7 Fairmount Avonuo 
710 W. Fairmount Avenue 

Til HZ E n i gptjAiaja^ A *rr\-n*is\ 

I X X T1 * nTTTTTTT7tnTv J. X T \^IIT_I V 



7 QQ \y F.nvrf-to 9.trrot 

ypi ^l Fayotto Stroot 

i ^*o VV • 1/ 1 1 j ' (J B WJ ij \ji\}Qv 

704 W. Fayette Street 

705 W Tnvpffp 9fvor1- 

706 W. Fayette Street 
y(ff 1ZL Fayotto Stroot 

708 W. Fayette Street 

709 W. Fayette Street 

711 W Fnvrrt r 9trrrt 
71 1 XL W FnT'-rtt r Qtr pp f 

713 W. FAYETTE STREET 
536-38 W. Franklin Street 

702 Josephine Street 

704 JOSEPHINE STREET 

m W. Lexington Stroot 

703 W. Lexington Street 

705 W. Lexington Street 

449 Orchard Street 

501 Pennsylvania Avenue 
503 Pennsylvania Avenue 

&.40 N^r Pke Stroot 
12 12 1 2 ^r^fte Stroot 

A X TTT TTTrC V-) LI VLU 

1 a vr P in o Qtrrpf- 

4^14 Nr^me Stroot 

1 Q XL- pjno Rfrrrt 
90 V" p j n r > fifr rr t 

S-TTT T^T. X II ITT K_7 v a ^ \~ v 

102 N. Pine Street 
104 N. Pine Street 
106 N. Pine Street 
108 N. Pine Street 





ORDINANC KS 


HON. Pine Street 


112 N.Pine Street 


444 j^giKe Street 


116 N. Pi 


ne Street 


222 N. Pi 


ne Street 


224 N. Pi 


ne Street 


226 N. Pi 


ne Street 


228 N. Pi 


ne Street 


232 N. Pi 


ne Street 


234 N. Pi 


ne Street 


236 N. Pi 


ne Street 


238 N. Pi 


ne Street 


240 N. Pi 


ne Street 


242 N. Pi 


ne Street 


244 N. Pi 


ne Street 


246 N. Pi 


ne Street 


248 N. Pi 


ne Street 


250 N. Pi 


ne Street 


252 N. Pi 


ne Street 


254 N. Pi 


ne Street 


256 N. Pi 


ne Street 


258 N. Pi 


ne Street 


701 W. Saratoga Street 


703-07 W. Saratoga Street 



197 



SEC. 4. And be it further ordained, That it has become 
necessary to revise the rehabilitation standards for non-resi- 
dential properties established by Ordinance 315 approved 
May 3, 1973, to reflect higher requirements to accommodate 
preservation and establish guidelines for compliance. There- 
fore, the existing non-residential rehabilitation standards 
are hereby repealed and the following standards shall apply 
to all non-residential properties within Orchard-Biddle, over 
and above the codes and ordinances of the City of Baltimore: 

a. Roofs 

(1) General Provisions 

(a) All roof mounted signs and unused roof hardware 
shall be removed. 

(b) Rooftop mechanical equipment shall be located far 
enough back from the edge of the roof so that it cannot be 



198 ORDINANCES Ord. No. 686 

seen from the sidewalk across the street, either in front of 
or to one side of the building. Functional equipment may be 
retained until major repair or replacement of the equipment 
becomes necessary, at which time it shall be removed from 
view. All mechanical equipment shall be painted with a flat 
paint in a color compatible with the color of the front of 
the building upon which it rests. Equipment, such as water 
towers with ^e4 wood REDWOOD slats, which would have 
their operation impaired by the addition of paint and which 
are of acceptable visual quality, shall be permitted. 

(c) All chimneys, elevator penthouses or other auxiliary 
structures on the roofs shall be clean and in good repair. All 
deteriorated masonry chimneys shall be either removed or 
restored. All future metal chimneys shall be located so that 
they cannot be seen from the sidewalk across the streets 
either in front of, or to one side of, the building. 

(d) Flashing visible from the sidewalk must be neat 
and free of pitch. Visible flashing shall be painted to match 
the surface of the wall above it. 

(e) All gutters and rain water leaders must be in good 
condition. Painted metal, vinyl or stainless steel gutters and 
rain water leaders may be used. 

(2) For pitched roof visible from the sidewalk across 
the street either in front of, or to one side of a building the 
following additional roof requirements shall apply : 

(a) The finished roofing material shall be clean and in 
a good state of repair. 

(b) The finished roofing material shall be limited to one 
of the following : 

terne metal 

standing seam, painted sheet metal roofing 

shingle or tile 

slate 

other acceptable material 

(c) The finished roofing material shall have a color 
compatible with the building color scheme. 

(d) Dormers shall be compatible with the design of the 
buildings' street facade. The finish materials and colors 



ORDINANCES 199 

shall be harmonious with both the roof and facade of the 
buildings. 

(e) Skylights shall be of low profile and all metal 
parts shall match the roofing material. Skylights shall 
be kept to the rear of the ridge of the roof. 

b. Exterior Walls 

(1) All of the exterior walls of all structures located 
in the project area and used entirely or in part for com- 
mercial purposes shall be included in this requirement. 

(2) All miscellaneous elements on the exterior walls 
of the structures such as empty electrical boxes, conduits, 
pipes, unused sign brackets, etc., shall be removed. 

(3) All brick walls shall be cleaned, repaired, and re- 
pointed as required. Brick walls shall be either preserved 
in their natural color or painted a color compatible with 
the colors of the neighboring structures. 

(4) All natural stone walls shall be cleaned, repaired, 
and pointed. 

(5) Ai ALL stucco surfaces shall be cleaned and re- 
paired. New stucco surfaces shall have a sand texture. All 
stucco surfaces shall be in a color compatible with the 
colors of the neighboring structures. 

(6) No new formstone finishes shall be permitted. All 
defective formstone finishes shall be removed and the brick 
walls behind them restored. Walls now covered with form- 
stone that is not defective shall be permitted until such 
time as it becomes defective. 

(7) All rotten, broken or deteriorated wood siding shall 
be replaced. Existing material in sound condition and per- 
missible under the Baltimore City Building Code shall be 
cleaned, stripped, and painted. All wood siding shall be 
designed to be compatible with the design of the building 
and the neighborhood. 

(8) Existing metal siding which is undamaged, struc- 
turally sound, and permissible under the Baltimore City 
Building Code may be retained. All other metal siding 
shall be removed and replaced with a permissible material 



200 ORDINANCES Ord. No. 686 

compatible with the design of the buildings and the neigh- 
borhood. All metal siding that remains shall be kept clean, 
in a good state of repair, and in a color compatible with 
the colors of the neighboring structures. 

c. Architectural Details 

(1) Cornices — Where cornices exist, they shall be re- 
stored to their original design. The removal of cornice work, 
without prompt replacement of similar design, will not be 
permitted. New cornices shall be compatible with the design 
of the building. 

(2) Windows — All of the windows in a single facade 
shall be of matching design. All window openings shall be 
retained. Filling in these openings at the top, bottom or 
sides is not permitted. The following additional require- 
ments shall apply for all new windows: 

(a) All windows shall have wood frames, sash and mul- 
lions or appearance of the same. Vinyl clad wood or metal 
or other weather resistant materials may be used provided 
that they are kept painted or have an acceptable integral 
color. 

(b) All windows shall be kept in good repair and prop- 
erly painted. 

(c) Ornamental window grills GRILLES and balconetts 
may be incorporated as a decorative or security device. 

(d) The lintels over windows shall be preserved or 
restored. Rotten wood lintels shall be replaced with con- 
cealed steel lintels. Brick archwork and stone lintels shall 
be restored. 

(e) Window sills shall be preserved, replaced and re- 
stored to match the original design of the building. 

(f) Boarding up or filling in windows on the front 
facade is not permitted. 

(g) Windows facing alleys, yards, or side streets may 
be filled in FILLED IN provided that the finished appear- 
ance is of windows behind closed shutters. The shutters 
shall be compatible with the design of the building and of 
the neighboring structures. 



ORDINANCES 201 

(3) Doorways and Entrances — In cases where there are 
doorways to buildings that are not incorporated in the 
storefront, the character of the original doorway shall be 
preserved. Where possible, the original style of these 
doorways, including solid, panelled, wood doors, wood 
frames, brick or stone sills, transoms, and glazed sidelights, 
shall be incorporated into the design of the remodelled shop- 
front. The following additional requirements shall apply 
to all doorways and entrances : 

(a) Storm and screen doors shall be compatible with 
entrance doors. 

(b) Hardware visible from the outside shall be in 
character with the original hardware. Closers, hasps, and 
locks, mounted on the exterior surface of doors, are not 
permitted. 

(c) Any grills, GRILLES, bars and grates covering 
doors or windows shall be designed to be compatible with 
the design of the building and of the neighboring structures. 

(d) Doorways shall be designed with consideration for 
the needs of the handicapped and the elderly. 

(e) Where steps or stoops are required at a doorway or 
entrance they shall be designed to match the original de- 
sign. In cases where there are more than two risers, the 
steps or stoops shall be provided with a railing of com- 
patible design. 

(4) Shop fronts — The following requirements shall be 
applied to all shopfronts: 

(a) All extraneous and unused hardware, signing and 
equipment shall be removed. 

(b) All broken, rotten or damaged elements shall be 
removed and replaced with elements that are harmonious 
with the design of the building and with the neighborhood. 

(c) "Cararra Glass" and ribbed or patterned metal are 
not permitted as acceptable replacement materials for 
shopfronts. 

(d) At such time as sign panels covering or replacing 
shop cornices are removed or deemed to need replacement 
they shall be taken down and the cornice restored. 



202 ORDINANCES Ord. No. 686 

(e) New storefronts that project beyond the original 
front lines of the stores are not permitted. 

(f) Awnings are permitted provided that they are con- 
structed of soft, flame retardant material and are able to 
be retracted to the face of the building when not in use. 
The awnings and the housing into which they are retracted 
shall be designed to be compatible with the design of the 
building and with the neighborhood. 

(g) Grates, bars, and grills GRILLES shall be designed 
so as to be AS inconspicuous as possible. They shall be kept 
painted and free of rust. In all cases they shall be kept open 
during the normal daylight business hours of the commun- 
ity. Non-metal grills GRILLES and screens shall be pro- 
hibited. Enclosures and housings for security grills 
GRILLES and screens shall be as inconspicuous as possible 
and shall be compatible with the design of the shopfront. 

(h) Solid or permanently enclosed or covered shopfronts 
shall not be permitted. Where the window treatment of the 
first floor is to be modified, such that the window openings 
will be made smaller, these new openings will not be small 
SMALLER in size than the openings of the second or third 
floor windows of the subject structure. These new windows 
shall be chosen to be in character with the upper windows 
in the structure. 

(i) All elements of the fronts of shops shall be har- 
monious and of integral design. The practice of "patching" 
or layering materials one on top of the other is not per- 
mitted. Damaged parts shall be replaced so as to be unde- 
tectable as a replacement part. 

(j) Stoops, recessed entrances and doorways shall be 
designed where possible to eliminate steps and thresholds 
that may prove difficult for the handicapped or the elderly. 

(5) Signs and Exterior Lighting — The following re- 
quirements shall be applied to all shopfronts: 

(a) No signs other than those identifying the property 
where they are installed or identifying the business con- 
ducted within shall be permitted. Advertising by material 
or product manufacturers shall not be permitted except 
as the primary identification of the establishment. 



ORDINANCES 203 

(b) Rooftop signs, above the parapet of the building, 
billboards or outdoor advertising signs painted or mounted 
on the buildings shall not be permitted. 

(c) Flashing or moving signs other than barber poles 
shall not be permitted. 

(d) No lease for billboard signs expiring after the date 
of enactment of Amendment No. 7 to this Plan may be 
renewed. 

(e) All non-conforming signs on building fronts shall 
be removed at the time rehabilitation work is undertaken. 
All other signs must be removed within twelve months after 
the passage of the ordinance approving Amendment No. 7 
to this Plan. 

(f) When the rehabilitation work is undertaken on 
building fronts, all new flat signs will be erected parallel 
to the face of building and shall be incorporated in the 
design of the shopfront. If the shopfront design includes a 
cornice, the sign shall be incorporated in the cornice de- 
sign or shall be placed in the shop window. If a shopfront 
cornice is not used, the sign shall be placed either in the 
shop window or on the portion of the building facade above 
the shop window and below the sill of the second floor 
windows. 

(g) Signs may be printed on the inside surface of the 
shopfronts but must be designed to be compatible with the 
design of the entire facade. Signs painted on the facade or 
on the inside glass should be limited to lettering no greater 
than 6" in height. When these signs are the only identifying 
sign for the property, they can use 12" lettering. These signs 
shall not exceed 20% of the area of the shopfront window. 

(h) Signs may be a maximum of 36" high and project 
not more than 12" from the outside face of the exterior 
wall. All signs shall be designed to be harmonious with the 
design of the building facade and the neighboring struc- 
tures. 

(i) Sign lettering shall be constructed of materials 
compatible with the character of the building. 

(j) No future signs will be permitted to be mounted 
at right angles to the face of the buildings. 



204 ORDINANCES Ord. No. 686 

(k) Secondary signs shall be permitted for the identi- 
fication of commercial tenants occupying the upper floors 
of a building. Such signs shall not project more than one 
inch beyond the face of the building and shall not be 
greater than three square feet in size. These signs shall be 
designed to be harmonious with the facade of the building 
and shall be placed no higher than the sill of the second 
story window. 

(1) Signs may be incorporated in the design of any 
awning included in the design of a shopfront provided such 
signs are compatible with both the design of the building 
and the awning. 

(m) Exterior lighting shall be limited to lighting fix- 
tures designed to be in harmony with the character of 
the buildings and the street. Such fixtures shall be mounted 
in the entrance ways and on the front facade of the build- 
ing. Flood lighting concealed above a shopfront cornice 
may be used to light the facades of buildings. 

(n) Lighting of the facades of the buildings may be 
accomplished with projecting fixtures at the roofline or 
at the shopfront cornice line. Such fixtures shall be incon- 
spicuous, harmonious with the design of the building and 
project no more than 24" from the face of the building. 

(o) "Temporary signs" may be displayed within shop- 
front windows provided that these signs are not larger 
than one-third the square footage area of the window in 
which they are displayed and are on display not more than 
thirty consecutive days. 

(p) No private sign shall be permitted except as allowed 
in these guidelines or as otherwise authorized by the Depart- 
ment of Housing and Community Development. 

(q) Electrical elements such as wires, conduits, junction 
boxes, transformers, ballasts, switches, and panel boxes 
shall be concealed from view. 

(6) Color Schemes — All colors and color schemes used 
in the project area shall be harmonious with the designs of 
the buildings in the block face. 

(7) Auxiliary Structures — Structures at the rears of 
buildings attached or unattached to the principal commer- 
cial structure which are found by the Commissioner of the 



ORDINANCES 205 

Department of Housing and Community Development to be 
structurally difieuont* DEFICIENT, shall be properly re- 
paired or demolished. 

(8) Rear Yards — Where a rear yard exists or is created 
through the demolition of structures, the owner shall con- 
dition the open area in one of the following ways as out- 
lined below. The owner shall submit his proposal for use 
of space to the Commissioner of the Department of Housing 
and Community Development for approval. 

(a) Enclosure of Yards 

A rear yard shall be enclosed along the side and rear 
property lines by a masonry wall at least five feet six inches 
in height consistent and harmonious with the rear walls of 
the building and solid doors or solid gates for access and 
delivery SHALL BE PROVIDED to the extent necessary. 
Use of barbed wire or broken glass on top of walls shall 
not be permitted. 

(b) Provisions of Parking Area 

An unenclosed rear yard may be used as a parking or 
loading area providing that it is properly paved, illuminated, 
and maintained. A sign not exceeding six (6) square feet 
may be used to identify and control parking and loading. 
Merchants shall be responsible for the maintenance of park- 
ing €H=ea AREAS in a neat and clean manner. No storage of 
trash containers shall be allowed in this area except when 
housed in permanent structures of acceptable design. The 
parking area may terminate at the rear of the building, 
or at an enclosed rear yard conforming with the provisions 
of (h) i. above. 

(9) Refuse Storage 

All outdoor refuse storage areas shall be screened from 
the view of adjacent properties and public rights-of-way. 
Screening shall consist of a masonry wall or durable fence, 
or a combination thereof, not less than four feet nor more 
than eight feet in height. In lieu of such wall or fence, a 
compact evergreen hedge of not less than four feet in height 
at the time of original planting may be used. 

(10) Off -Street Loading 

Where possible non-residential establishments shall have 
off-street loading and unloading areas. 



206 ORDINANCES Ord. No. 686 

(11) Off -Street Parking 

All parking areas shall be effectively screened from ad- 
joining residential areas and shall have adequate landscap- 
ing and screening on property lines adjacent to public 
sidewalks. 

(12) Compliance 

No alteration or improvement work shall be undertaken 
after enactment of the ordinance approving Amendment 
No. 7 to the Plan which 4o DOES not conform with the 
requirements herein. 

Nothing herein shall be construed to permit any sign, 
construction, alteration, change, repair, use or any other 
matter otherwise forbidden or restricted or controlled by 
any other public law. 

The work necessary to meet the requirements herein 
shall be undertaken WITHIN two years from the date of 
enactment of the ordinance approving Amendment No. 7 
to the Plan and shall be completed promptly in accordance 
with notice from the Commissioner of the Department of 
Housing and Community Development. 

4. Review of Rehabilitation Plans 

(1) Designs for all building improvements, parking 
areas, modifications, rehabilitation or painting concerning 
the exterior of the existing buildings, their yards or 
their show windows, and for all signs, shall be sub- 
mitted to the Commissioner of the Department of Hous- 
ing and Community Development and written approval by 
the Department shall be required before proceeding with 
the work. 

(2) The Commissioner of the Department of Housing 
and Community Development shall be concerned with all 
aspects of the designs affecting exterior appearance and in 
particular with the following: 

— Design of show windows and entrance area, including 
choice of materials and types of security devices; 

— Design of signs, methods of illumination, colors, ma- 
terials, methods of suspension; 



ORDINANCES 207 

— Conditioning of rear yard spaces, location of delivery 
signs; 

— Design of awnings and canopies ; 

— Refuse collection details; 

— All other exterior materials and colors ; 

— Landscape materials and design. 

The Commissioner's review shall be guided by the prop- 
erty rehabilitation objectives and the property rehabilita- 
tion standards. 

SEC. 5. And be it further ordained, That any person vio- 
lating any of the provisions of Section 4 of this ordinance 
shall be guilty of a misdemeanor and shall be subject to 
a fine not exceeding One Hundred Dollars ($100.00) and 
that each day's violation shall constitute a separate offense. 

Sec. 6. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the 
Board of Estimates, in the exercise of the power vested in 
it by Article V, Section 5, of the Baltimore City Charter, 
may hereafter from time to time designate, is or are au- 
thorized to acquire on behalf of the Mayor and City Council 
of Baltimore and for the purposes described in this ordi- 
nance, the fee simple interest or any lesser interest in and 
to the properties or portions thereof hereinabove mentioned. 
If the said Real Estate Acquisition Division of the Depart- 
ment of the Comptroller, or such person or persons, and 
in such manner as the Board of Estimates in the exercise 
of the power vested in it by Article V, Section 5, of the 
Baltimore City Charter, may hereafter from time to time 
designate, is or are unable to agree with the owner or 
owners on the purchase price for said properties or por- 
tions thereof, it or they shall forthwith notify the City 
Solicitor of Baltimore City, who shall thereupon institute 
in the name of the Mayor and City Council of Baltimore 
the necessary legal proceedings to acquire by condemnation 
the fee simple interest or any lesser interest in and to said 
properties or portions thereof. 



208 ORDINANCES Ord. No. 686 

Sec. 7. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved hereby 
for the Orchard-Biddle may not meet the requirements as 
to the content of a renewal plan or the procedures for the 
preparation, adoption, and approval of renewal plans, as 
provided in Ordinance No. 152, approved June 28, 1968, 
and amended by Ordinance No. 325, approved May 31, 
1977, the said requirements are hereby waived and the 
amended Renewal Plan approved hereby is exempted there- 
from. 

Sec. 8. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part or the appli- 
cation thereof so held invalid. 

Sec. 9. And be it further ordained, That in any case where 
a provision of this ordinance concerns the same subject 
matter as an existing provision of any zoning, building, 
electrical, plumbing, health, fire or safety ordinance or 
code or regulation, the applicable provisions concerned shall 
be construed so as to give effect to each ; provided, however, 
that if such provisions are found to be in irreconcilable 
conflict, the provision which establishes the higher standard 
for the promotion of the public health and safety shall 
prevail. In any case where a provision of this ordinance is 
found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City 
of Baltimore which establishes a lower standard for the 
promotion and protection of the public health and safety, 
the provision of this ordinance shall prevail, and the other 
existing provision of such other ordinance or code or 
regulation is hereby repealed to the extent that it may be 
found in conflict with this ordinance. 



ORDINANCES 209 

Sec. 10. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 27, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 687 
(Council No. 1403) 

An Ordinance providing for a supplementary general fund 
appropriation in the amount of Fifty throo t housand 
Forty nine Dollars ($53,019) FIFTY-EIGHT THOU- 
SAND EIGHT HUNDRED AND THIRTY-FIVE DOL- 
LARS ($58,835) to the Baltimore City Health Depart- 
ment to be used for additional Psychiatric Day Center 
Services in accordance with the provisions of Article VI, 
Section 2(h)(2) of the Baltimore City Charter (1964 
Revision) . 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of formulation of the 
proposed Ordinance of Estimates for the 1978 fiscal year, 
in accordance with the provisions of Article VI, Section 
2(h)(2) of the Baltimore City Charter (1964 Revision); 
and 

Whereas, the supplementary general fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a mootin g e£ sa44 Board he44 e» the 14th 4ay 
e£ Docombor, 49W? MEETINGS OF SAID BOARD HELD 
ON THE 14TH DAY OF DECEMBER, 1977 AND ON 
THE 8TH DAY OF MARCH, 1978, all in accordance with 
Article VI, Section 2(h)(2) of said Charter. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City the sum of Fifty throo Thousand Forty nino 



210 ORDINANCES Ord. No. 688 

Dollars ($53,049) FIFTY-EIGHT THOUSAND EIGHT 
HUNDRED AND THIRTY-FIVE DOLLARS ($58,835) 
shall be made available to the Baltimore City Health 
Department as a supplementary general fund appro- 
priation for the fiscal year ending June 30, 1978 for 
the purpose of additional Psychiatric Day Center Services. 
The amount thus made available as a supplementary general 
fund appropriation shall be expended from a grant of funds 
to the Mayor and City Council of Baltimore by the State 
Department of Health and Mental Hygiene in excess of 
the amount from this source which was estimated or relied 
upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1978 fiscal year ; 
and said funds shall be the source of revenue for this sup- 
plementary general fund appropriation, as required by 
Article VI, Section 2 of the 1964 revised Charter of 
Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 27, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 688 
(Council No. 1443) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Twenty-five Million Dol- 
lars ($25,000,000) to the Mayor's Office of Manpower 
Resources to be used for a Youth Incentive Entitlement 
Pilot Project, in accordance with the provisions of Article 
VI, Section 2(h) (2) of the Baltimore City Charter (1964 
Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected with 
reasonable certainty at the time of the formulation of the 
1977-19 '8 Ordinance of Estimates; and 



ORDINANCES 211 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held on the 
1st day of February, 1978, all in accordance with Article 
VI, Section 2(h)(2) of the 1964 revised Charter of Balti- 
more City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Twenty-five Million Dollars 
($25,000,000) shall be made available to the Mayor's Office 
of Manpower Resources of the City of Baltimore as a 
supplementary special fund appropriation for the fiscal year 
ending June 30, 1978 for the purpose of a Youth Incentive 
Entitlement Pilot Project. The amount thus made avail- 
able as a supplementary special fund appropriation shall 
be expended from a grant of funds to the Mayor and City 
Council of Baltimore by the United States Department of 
Labor under the Youth Employment and Demonstration 
Projects Act of 1977 (CETA Title III), said sum being 
specifically allotted to the Mayor and City Council of Balti- 
more for the aforesaid purpose; and said fund from said 
United States Department of Labor under the Youth Em- 
ployment and Demonstration Projects Act of 1977 (CETA 
Title III) shall be the source of revenue for this supple- 
mentary special fund appropriation, as required by Article 
VI, Section 2(h)(2) of the 1964 revised Charter of 
Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved March 27, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



212 ORDINANCES Ord. No. 689 

No. 689 
(Council No. 1049) 

An Ordinance to amend Sheets 46 and 47 of the Zoning 
District Map of Article 30 of the Baltimore City Code 
(1966 Edition), title "Zoning", (Ordinance No. 1051, 
approved April 20, 1971) by changing from the R-8 to 
the B-2-2 Zoning District a rectangular strip of land 
between Caroline and Bond Streets, approximately 115 
feet south of Eager Street, which is a portion of Dis- 
position Lot 13 in the Gay Street I Urban Renewal 
Project. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheets 46 and 47 of the Zoning District 
Map of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "Zoning", (Ordinance No. 1051, approved 
April 20, 1971) be and they are hereby amended by chang- 
ing from the R-8 to the B-2-2 Zoning District a rectangular 
strip of land between Caroline and Bond Streets, approxi- 
mately 115 feet south of Eager Street as outlined in red 
on the plat accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice of the Departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat. The City Treasurer shall then transmit 
a copy of the ordinance and one of the plats to the follow- 
ing: The Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development, and the 
Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 213 

No. 690 
(Council No. 1206) 

An Ordinance to approve the application of Ralph DeChiaro 
Enterprises, Inc. and Ralph DeChiaro and Dorothy De- 
Chiaro to amend Ordinance No. 417, approved July 11, 
1973, and thereby amend the Residential Planned De- 
velopment of part of the property located on the south 
side of Fallstaff Road, north and east of Bartol Avenue, 
north and south of Benhurst Road, and east of Clarks 
Lane, and the Development Plan as approved by said 
Ordinance No. 417. 

Whereas, by Ordinance No. 417 approved July 11, 1973, 
the application of Carl M. Freeman Associates, Inc. and 
Ralph DeChiaro Enterprises, Inc. to have the property 
located on the south side of Fallstaff Road, north and east 
of Bartol Avenue, north and south of Benhurst Road, and 
east of Clarks Lane, as outlined in red on the Plats accom- 
panying that ordinance, designated a Residential Planned 
Development in accordance with Section 12.0-1 and 12.0-2 of 
Article 30 of the Baltimore City Code (1966 Edition), as 
amended by Ordinance No. 1051, approved April 20, 1971; 
and the Development Plan submitted by the said Carl M. 
Freeman Associates, Inc. and Ralph DeChiaro Enterprises, 
Inc., were approved, subject to certain conditions; and 

Whereas, that part of the property which was the sub- 
ject of Ordinance No. 417 aforesaid that had been owned 
solely by Ralph DeChiaro Enterprises, Inc. (sometimes 
known and referred to as Benhurst Park) is now owned 
partly by the said Ralph DeChiaro Enterprises, Inc. and 
by Ralph DeChiaro and Dorothy DeChiaro, individually; 
and 

Whereas, that part of the property which was subject to 
Ordinance No. 417 aforesaid that was owned by Carl M. 
Freeman Associates, Inc. (sometimes known and referred 
to as Heather Ridge) is now owned partly by Heather Ridge 
Joint Venture- A, a Maryland general partnership, and 
Heather Ridge Joint Venture-B, a Maryland limited part- 
nership; and 

Whereas, the said Ralph DeChiaro Enterprises, Inc. and 
Ralph DeChiaro and Dorothy DeChiaro wish to amend the 



214 ORDINANCES Ord. No. 690 

Development Plan approved by Ordinance No. 417 afore- 
said, as it relates to Benhurst Park only, as hereinafter set 
forth; and 

Whereas, on September 1, 1977 representatives of Ralph 
DeChiaro Enterprises, Inc. and Ralph DeChiaro and Dor- 
othy DeChiaro met with the Director of Planning, the 
designated officer of the Baltimore City Planning Com- 
mission to hold a pre-petition conference to explain scope 
and nature of the proposed amendment to the Development 
Plan; and 

Whereas, the Development Plan amendment submitted 
reflects : 

A. Compliance with the City Council conditions of ap- 
proval of said Ordinance No. 417; 

B. Attention to present market conditions by amending 
the Plan to permit construction of 160 detached and semi- 
detached and attached (townhouse) single family homes 
in Benhurst Park; 

C. Variances from front, rear and side yard require- 
ments for the "zero lot line" detached and semi-detached 
single family homes, and attached single family homes, and 
to allow parking in a required front yard; and 

Whereas, it is desired to acknowledge the development 
control flexibility and superior design potential inherent in 
the planned development ordinance approach, as evidenced 
by bestowal of national design award recognition to the 
first construction phase of Benhurst Park/Heather Ridge; 
and 

Whereas, Ralph DeChiaro Enterprises, Inc. and Ralph 
DeChiaro and Dorothy DeChiaro individually, hereby make 
formal application to the Baltimore City Council and sub- 
mit requisite amended development plans to include those 
requirements specified in Section 12.0-1 and 12.0-2 of Article 
30 of the Baltimore City Code (1966 Edition) as amended 
by Ordinance No. 1051, approved April 20, 1971. 

Now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the amended Development Plan sub- 



ORDINANCES 215 

mitted by Ralph DeChiaro Enterprises, Inc. and Ralph 
DeChiaro and Dorothy DeChiaro individually, attached 
hereto and made a part hereof, to amend the Development 
Plan approved by Ordinance No. 417, approved July 11, 
1973, aforesaid be and it is hereby approved. 

Sec. 2. And be it further ordained, That the conditions for 
approval of Ordinance No. 417 shall remain unchanged. 

Sec. 3. And be it further ordained, That upon passage of 
this ordinance by the City Council, as evidence of the au- 
thenticity of the plans which are a part hereof and in order 
to give notice to the Departments which are administering 
the zoning ordinance AND THE BUILDING CODE, the 
President of the City Council shall sign the plans, and when 
the Mayor approves the ordinance, he shall sign the plans. 
The City Treasurer shall then transmit a copy of the ordi- 
nance and one set of plans to the Board of Municipal and 
Zoning Appeals, the Planning Commission, a»4 the Zoning 
Administrator , AND THE DIVISION OF CONSTRUC- 
TION AND BUILDINGS INSPECTION. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect 30 days from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 691 
(Council No. 1219) 

An Ordinance to condemn and open, an alley, varying in 
width, from 9 feet to 10 feet located in the rear of prop- 
erties known as Nos. 1200 through 1226-1228 N. Charles 
Street, extending from Biddle Street, Northerly to Pres- 
ton Street and lying within the area of the Mid-Town 
Belvedere Project in accordance with a plat thereof num- 
bered, 334-A-2, prepared by the Surveys and Records 
Division and filed in the Office of the Department of Pub- 



216 ORDINANCES Ord. No. 691 

lie Works, on the Twenty-first (21st) day of September, 
1977, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn, open, 
an alley, varying in width, from 9 feet to 10 feet located in 
the rear of properties known as Nos. 1200 through 1226- 
1228 N. Charles Street, extending from Biddle Street, 
Northerly to Preston Street and lying within the area of the 
Mid-Town Belvedere Project the alley hereby directed to be 
condemned for said opening being described as follows : 

Beginning for the same at the point formed by the inter- 
section of the south side of Preston Street, as now laid out 
66 feet wide and the east side of a 10 foot alley laid out 110 
feet west from the west side of N. Charles Street, as now 
laid out 66 feet wide and running thence binding on the 
east side of said 10 foot alley, Southerly 173 feet, more or 
less, to the north side of a 9 foot alley laid out 109 feet 
west from the west side of said N. Charles Street; thence 
binding on the north side of said 9 foot alley, Easterly 1 
foot, to the east side of said 9 foot alley; thence binding on 
the east side of said 9 foot alley, Southerly 149 feet, more 
or less, to intersect the north side of Biddle Street, as now 
laid out 66 feet wide; thence binding on the north side of 
said Biddle Street, Westerly 9 feet to intersect the west side 
of said 9 foot alley; thence binding on the west side of said 
9 foot alley, Northerly 150 feet, more or less, to the south 
side of the 10 foot alley mentioned firstly herein; thence 
binding on the south side of said 10 foot alley, Westerly 
2 feet, to the west side of said 10 foot alley; thence binding 
on the west side of said 10 foot alley, Northerly 173 feet, 
more or less, to intersect the south side of said Preston 
Street and thence binding on the south side of said Preston 
Street Easterly 10 feet to the place of beginning. 

the said alley varying in width from 9 feet to 10 feet as di- 
rected to be condemned being more particularly described 
and referred to among the Land Records of Baltimore City 
and delineated and particularly shown on a plat numbered 
334-A-2 which was filed in the Office of the Department of 
Public Works on the Twenty-first (21st) day of September 
in the year 1977, and now on file in said Office. 



ORDINANCES 217 

SEC. 2. And be it further ordained, That the proceedings 
of said Department of Public Works, with reference to the 
condemnation and opening of said alley varying in width 
from 9 feet to 10 feet and the proceedings and rights of all 
parties interested or affected thereby, shall be regulated by, 
and be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore City (1964 Revision) as 
amended to July 1, 1973 and any and all amendments 
thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or regula- 
tions in effect which have been adopted by the Director of 
Public Works and filed with the Department of Legislative 
Reference. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 692 
(Council No. 1220) 

An Ordinance to condemn and close an alley, varying in 
width, from 9 feet to 10 feet located in the rear of the 
properties known as Nos. 1200 through 1226-1228 N. 
Charles Street, extending from Biddle Street, Northerly 
to Preston Street and lying within the area of the Mid- 
Town Belvedere Project in accordance with a plat thereof 
numbered 334-A-2A, prepared by the Surveys and Records 
Division and filed in the Office of the Department of Public 
Works, on the Twenty-first (21st) day of September, 
1977, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn and 



218 ORDINANCES Ord. No. 692 

close an alley, varying in width from 9 feet to 10 feet located 
in the rear of the properties known as Nos. 1200 through 
1226-1228 N. Charles Street, extending from Biddle Street, 
Northerly to Preston Street and lying within the area of the 
Mid-Town Belvedere Project the alley hereby directed to be 
condemned for said closing being described as follows : 

Beginning for the same at the point formed by the inter- 
section of the south side of Preston Street, as now laid out 
66 feet wide and the east side of a 10 foot alley laid out 
110 feet west from the west side of N. Charles Street, as 
now laid out 66 feet wide and running thence binding on the 
east side of said 10 foot alley, Southerly 173 feet, more or 
less, to the north side of a 9 foot alley laid out 109 feet west 
from the west side of said N. Charles Street; thence binding 
on the north side of said 9 foot alley, Easterly 1 foot, to the 
east side of said 9 foot alley; thence binding on the east 
side of said 9 foot alley, Southerly 149 feet, more or less, to 
intersect the north side of Biddle Street, as now laid out 66 
feet wide; thence binding on the north side of said Biddle 
Street, Westerly 9 feet to intersect the west side of said 9 
foot alley; thence binding on the west side of said 9 foot 
alley, Northerly 150 feet, more or less, to the south side of 
the 10 foot alley mentioned firstly herein; thence binding on 
the south side of said 10 foot alley, Westerly 2 feet, to the 
west side of said 10 foot alley; thence binding on the west 
side of said 10 foot alley, Northerly 173 feet, more or less, 
to intersect the south side of said Preston Street and thence 
binding on the south side of said Preston Street, Easterly 10 
feet to the place of beginning. 

the said alley varying in width from 9 feet to 10 feet as 
directed to be condemned being more particularly described 
and referred to among the Land Records of Baltimore City 
and delineated and particularly shown on a plat numbered 
334-A-2A which was filed in the Office of the Department of 
Public Works on the Twenty-first (21st) day of September 
in the year 1977, and is now on file in the said Office. 

Sec. 2. And be it further ordained, That after said high- 
way or highways shall have been closed under the provisions 
of this ordinance, all subsurface structures and appurten- 
ances now owned by the Mayor and City Council of Balti- 
more, shall be and continue to be the property of the Mayor 



ORDINANCES 219 

and City Council of Baltimore, in fee simple, until the use 
thereof shall be abandoned by the Mayor and City Council 
of Baltimore, and in the event that any person, firm or cor- 
poration shall desire to remove, alter or interfere therewith, 
such person, firm or corporation shall first obtain permis- 
sion and permits therefor from the Mayor and City Council 
of Baltimore, and shall in the application for such per- 
mission and permits agree to pay all costs and charges of 
every kind and nature made necessary by such removal, 
alteration or interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in said 
portion of said highway or highways after the same shall 
have been closed under the provisions of this ordinance until 
the subsurface structures and appurtenances over which 
said buildings or structures are proposed to be constructed 
or erected shall have been abandoned or shall have been 
removed and relaid in accordance with the specifications 
and under the direction of the Director of Public Works of 
Baltimore City, and at the expense of the person or persons 
or body corporate desiring to erect such buildings or struc- 
tures. Railroad tracks shall be taken to be "structures" 
within the meaning of this section. 

Sec. 4. And be it further ordained, That on and after the 
closing of said highway or highways, the said Mayor and 
City Council of Baltimore, acting through its duly author- 
ized representatives, shall, at all times, have access to said 
property and to all subsurface structures and appurtenances 
used by it therein, for the purposes of inspection main- 
tenance, repair, alteration, relocation and/or replacement, 
of any or all of said structures and appurtenances, and this 
without permission from or compensation to the owner or 
owners of said land. 

Sec. 5. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said alley varying in width 
from 9 feet to 10 feet and the proceedings and rights of all 
parties interested or affected thereby, shall be regulated by, 
and be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maryland 



220 ORDINANCES Ord. No. 693 

and the Charter of Baltimore City (1964 Revision) as 
amended to July 1, 1973 and any and all amendments 
thereto, and any and all other Acts of the General Assembly 
of Maryland, and any and all ordinances of the Mayor and 
City Council of Baltimore, and any and all rules or regula- 
tions in effect which have been adopted by the Director of 
Public Works and filed with the Department of Legislative 
Reference. 

Sec. 6. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 693 

(Council No. 1221) 

An Ordinance to condemn and open, a 15 foot alley located 
in the rear of the properties known as Nos. 3905 through 
3913 Cottage Avenue, being part of the Park Heights 
Urban Renewal Project in accordance with a plat thereof 
numbered, 319-A-28, prepared by the Surveys and Records 
Division and filed in the Office of the Department of Public 
Works, on the Twenty-second (22nd) day of September, 
1977, and now on file in said office. 

SECTION 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn, open, a 
15 foot alley located in the rear of the properties known as 
Nos. 3905 through 3913 Cottage Avenue, being part of 
the Park Heights Urban Renewal Project, the alley hereby 
directed to be condemned for said opening being described 
as follows: 

Beginning for the same at the point formed by the inter- 
section of the southeast side of an alley, 10 feet wide, laid 
out 100 feet southeast of the southeast side of Shirley 
Avenue, as now laid out and the southwest side of an alley, 



ORDINANCES 221 

15 feet wide, there situate, said point of beginning also 
being distant 143.05 feet northeasterly, measured along the 
southeast side of said 10 foot alley from the northeast side of 
Cottage Avenue, as now laid out 50 feet wide and running 
thence binding on the southeast side of said 10 foot alley, 
North 61°-55'-17" East 15.01 feet to the northeast side of 
said 15 foot alley; thence binding on the northeast side of 
said 15 foot alley, South 29°-32'-26" East 118.56 feet to the 
northwest side of an alley, 10 feet wide, there situate; 
thence binding on the northwest side of last said 10 foot 
alley, South 54°-09'-25" West 15.09 feet to intersect the 
southwest side of said 15 foot alley and thence binding on 
the southwest side of said 15 foot alley, North 29°-32'-26" 
West 120.60 feet to the place of beginning. 

the said 15 foot alley as directed to be condemned being 
more particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 
shown on a plat numbered 319-A-28 which was filed in the 
Office of the Department of Public Works on the Twenty- 
second (22nd) day of September in the year 1977, and is 
now on file in said Office. 

SEC. 2. And be it further ordained, That the proceedings 
of said Department of Public Works, with reference to the 
condemnation and opening of said 15 foot alley and the pro- 
ceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code of 
Public Local Laws of Maryland and the Charter of Balti- 
more City (1964 Revision) as amended to July 1, 1973 and 
any and all amendments thereto, and any and all other 
Acts of the General Assembly of Maryland, and any and all 
ordinances of the Mayor and City Council of Baltimore, and 
any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



222 ORDINANCES Ord. No. 694 

No. 694 
(Council No. 1222) 

An Ordinance to condemn and close a 15 foot alley located 
in the rear of the properties known as Nos. 3905 through 
3913 Cottage Avenue, being part of the Park Heights 
Urban Renewal Project, in accordance with a plat thereof 
numbered 319-A-28A, prepared by the Surveys and 
Records Division and filed in the Office of the Department 
of Public Works, on the Twenty-second (22nd) day of 
September, 1977, and now on file in said office. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Department of Public Works be, and 
they are hereby authorized and directed to condemn and 
close a 15 foot alley located in the rear of the properties 
known as Nos. 3905 through 3913 Cottage Avenue, being 
part of the Park Heights Urban Renewal Project, the alley 
hereby directed to be condemned for said closing being 
described as follows : 

Beginning for the same at the point formed by the inter- 
section of the southeast side of an alley, 10 feet wide, laid 
out 100 feet southeast of the southeast side of Shirley 
Avenue, as now laid out and the southwest side of an alley, 
15 feet wide, there situate, said point of beginning also being 
distant 143.05 feet northeasterly, measured along the south- 
east side of said 10 foot alley from the northeast side of 
Cottage Avenue, as now laid out 50 feet wide and running 
thence binding on the southeast side of said 10 foot alley, 
North 61°-55'-17" East 15.01 feet to the northeast side of 
said 15 foot alley; thence binding on the northeast side of 
said 15 foot alley, South 29°-32'-26" East 118.56 feet to the 
northwest side of an alley, 10 feet wide, there situate; 
thence binding on the northwest side of last said 10 foot 
alley, South 54°-09'-25" West 15.09 feet to intersect the 
southwest side of said 15 foot alley and thence binding on 
the southwest side of said 15 foot alley, North 29°-32'-26" 
West 120.60 feet to the place of beginning. 

the said 15 foot alley as directed to be condemned being more 
particularly described and referred to among the Land 
Records of Baltimore City and delineated and particularly 



ORDINANCES 223 

shown on a plat numbered 319-A-28A which was filed in 
the Office of the Department of Public Works on the 
Twenty-second (22nd) day of September, in the year 1977 
and is now on file in said Office. 

Sec. 2. And be it further ordained, That after said 
highway or highways shall have been closed under the provi- 
sions of this Ordinance, all subsurface structures and appur- 
tenances now owned by the Mayor and City Council of Bal- 
timore, shall be and continue to be the property of the Mayor 
and City Council of Baltimore, in fee simple, until the use 
thereof shall be abandoned by the Mayor and City Council 
of Baltimore, and in the event that any person, firm or 
corporation shall first obtain permission and permits there- 
for from the Mayor and City Council of Baltimore, and shall 
in the application for such permission and permits agree 
to pay all costs and charges of every kind and nature made 
necessary by such removal, altonation ALTERATION or 
interference. 

Sec. 3. And be it further ordained, That no buildings or 
structures of any kind shall be constructed or erected in 
said portion of said highway or highways after the same 
shall have been closed under the provisions of this ordinance 
until the subsurface structures and appurtenances now 
owned by the Mayor and City Council of Baltimore, over 
which said buildings or structures are proposed to be 
constructed or erected shall have been abandoned or shall 
have been removed and relaid in accordance with the specifi- 
cations and under the direction of the Director of Public 
Works of Baltimore City, and at the expense of the person 
or persons or body corporate desiring to erect such buildings 
or structures. Railroad tracks shall be taken to be "struc- 
tures" within the meaning of this section. 

Sec. 4. And be it further ordained, That after said high- 
way or highways shall have been closed under the provi- 
sions of this ordinance, all subsurface structures and appur- 
tenances owned by any person, firm or corporation, other 
than the Mayor and City Council of Baltimore, shall upon 
notice from the Director of Public Works of Baltimore City, 
be promptly removed by and at the expense of the said 
owners. 



224 ORDINANCES Ord. No. 695 

Sec. 5. And be it further ordained, That on and after 
the closing of said highway or highways, the said Mayor 
and City Council of Baltimore, acting through its duly 
authorized representatives, shall, at all times, have access 
to said property and to all subsurface structures and 
appurtenances used by it therein, for the purposes of 
inspection, maintenance, repair, alteration, relocation and 
/or replacement, of any or all of said structures and appur- 
tenances, and this without permission from or compensa- 
tion to the owner or owners of said land. 

Sec. 6. And be it further ordained, That the proceedings 
of said Department of Public Works with reference to the 
condemnation and closing of said 15 foot alley and the pro- 
ceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of Bal- 
timore City (1964 Revision) as amended to July 1, 1973 
and any and all amendments thereto, and any and all other 
Acts of the General Assembly of Maryland, and any and all 
ordinances of the Mayor and City Council of Baltimore, and 
any and all rules or regulations in effect which have been 
adopted by the Director of Public Works and filed with the 
Department of Legislative Reference. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 695 
(Council No. 1414) 

An Ordinance to amend the Renewal Plan for Reservoir 
Hill, which plan was approved by Ordinance No. 33 
dated April 10, 1972, to, among other things, (1) 
authorize the acquisition by purchase or by condemna- 



ORDINANCES 225 

tion by the Mayor and City Council of Baltimore, for 
urban renewal purposes, of certain properties; (2) 
change a residential designation on the land use plan to 
right-of-way; (3) add standards for a commercial dis- 
position lot to the Renewal Plan; (4) reorganize the 
format of the Renewal Plan; (5) revise certain exhibits 
attached to the Renewal Plan to indicate the changes 
provided herein; and (6) provide for the effective date 
hereof. 

Whereas, the Renewal Plan for Reservoir Hill was 
approved by the Mayor and City Council of Baltimore by 
Ordinance No. 33 dated April 10, 1972, and last amended 
by Ordinance No. 59 dated June 11, 1976 ; and 

Whereas, pursuant to Section 26, Article 13, of the 
Baltimore City Code (1966 Edition), as amended by Ordi- 
nance No. 152 approved June 28, 1968, and Ordinance No. 
325 approved May 31, 1977, no substantial change or 
changes shall be made in any renewal plan after approval 
by ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in 
said Section 26 for the approval of a renewal plan, namely 
the preparation of such change or changes by the Depart- 
ment of Housing and Community Development, the ap- 
proval of such change or changes by the Director of the 
Department of Planning, and approval and adoption by an 
ordinance of the Mayor and City Council of Baltimore 
after a public hearing in relation thereto, all in the manner 
set forth in said Section 26 ; and 

Whereas, extensive changes in the format of the Re- 
newal Plan for Reservoir Hill make it infeasible to make 
line-by-line changes ; therefore, the Department of Housing 
and Community Development has prepared an amended 
Renewal Plan for Reservoir Hill, including all prior 
amendments to said Plan ; and 

Whereas, the amended Renewal Plan for Reservoir 
Hill has been approved by the Director of the De- 
partment of Planning on January 18, 1978, with re- 
spect to its conformity as to the Master Plan; the de- 
tailed location of any public improvements proposed in 
the amended Renewal Plan; its conformity to the rules 
and regulations for subdivisions; and all zoning changes 



226 ORDINANCES Ord. No. 695 

proposed in the amended Renewal Plan; and the amended 
Renewal Plan for Reservoir Hill has been approved and 
recommended to the Mayor and City Council of Baltimore 
by the Commissioner of the Department of Housing and 
Community Development on January 18, 1978; now, there- 
fore. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the amended Renewal Plan for Reser- 
voir Hill, identified as "Urban Renewal Plan, Reservoir 
Hill . . . revised to include Amendment No. 5, dated January 
11, 1978", is hereby approved and the Clerk of the City 
Council is hereby directed to file a copy of said amended 
Renewal Plan with the Department of Legislative Refer- 
ence as a permanent public record and to make the same 
available for public inspection and information. 

Sec. 2. And be it further ordained, That it may be neces- 
sary to acquire by purchase or by condemnation the fee 
simple interest, or any lesser interest, in and to certain 
properties, together with all right, title, interest, and 
estate that the owner or owners of said property interests 
may have in all streets, alleys, ways or lanes, public or 
private, both abutting the whole area described and/or 
contained within the perimeter of said area, situate in 
Baltimore City, Maryland, and described as follows : 

2016 Linden Avenue 

2018 Linden Avenue 

2020 Linden Avenue 

2022 Linden Avenue 

2024 Linden Avenue 

2030 Linden Avenue 

2036 Linden Avenue 

2038 Linden Avenue 

2040 Linden Avenue 

2042 Linden Avenue 

2044 Linden Avenue 

2048 Linden Avenue 

2050 Linden Avenue 

2064 Linden Avenue 

2068 Linden Avenue 

2070 Linden Avenue 

2072 Linden Avenue 



ORDINANCES 227 

Sec. 3. And be it further ordained, That the Real 
Estate Acquisition Division of the Department of the 
Comptroller, or such person or persons and in such 
manner as the Board of Estimates, in the exercise of the 
power vested in it by Article V, Section 5, of the Baltimore 
City Charter, may hereafter from time to time designate, 
is or are authorized to acquire on behalf of the Mayor and 
City Council of Baltimore and for the purposes described 
in this ordinance the fee simple interest or any lesser 
interest in and to the properties or portions thereof here- 
inabove mentioned. If the said Real Estate Acquisition 
Division of the Department of the Comptroller, or such 
person or persons, and in such manner as the Board of 
Estimates, in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore City Charter, may 
hereafter from time to time designate, is or are unable to 
agree with the owner or owners on the purchase price for 
said properties or portions thereof, it or they shall forth- 
with notify the City Solicitor of Baltimore City, who shall 
thereupon institute in the name of the Mayor and City 
Council of Baltimore the necessary legal proceedings to 
acquire by condemnation the fee simple interest or any 
lesser interest in and to said properties or portions thereof. 

Sec. 4. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved hereby 
for Reservoir Hill may not meet the requirements as to the 
content of a renewal plan or the procedures for the prepa- 
ration, adoption, and approval of a renewal plan, as pro- 
vided in Ordinance No. 152 approved June 28, 1968, and 
amended by Ordinance No. 325 approved May 31, 1977, the 
said requirements are hereby waived and the amended 
Renewal Plan approved hereby is exempted therefrom. 

Sec. 5. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 



228 ORDINANCES Ord. No. 696 

clause, sentence, paragraph, section or part or the appli- 
cation thereof so held invalid. 

Sec. 6. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety ordi- 
nance or code or regulation, the applicable provisions con- 
cerned shall be construed so as to give effect to each; 
provided, however, that if such provisions are found to be 
in irreconcilable conflict, the provision which establishes the 
higher standard for the promotion of the public health and 
safety shall prevail. In any case where a provision of this 
ordinance is found to be in conflict with an existing provi- 
sion of any other ordinance or code or regulation in force 
in the City of Baltimore which establishes a lower standard 
for the promotion and protection of the public health and 
safety, the provision of this ordinance shall prevail, and 
the other existing provision of such other ordinance or 
code or regulation is hereby repealed to the extent that it 
may be found in conflict with this ordinance. 

Sec. 7. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 696 
(Council No. 1415) 

An Ordinance to amend the Renewal Plan for the Druid 
Heights Urban Renewal project, which Plan was ap- 
proved by Ordinance No. 376, dated June 28, 1977, to, 
among other things, (1) delete from acquisition certain 
properties listed in Ordinance No. 376 dated June 28, 
1977; (2) authorize the acquisition by purchase or by 
condemnation by the Mayor and City Council of Balti- 
more, for urban renewal purposes, of certain properties ; 



ORDINANCES 229 

(3) revise certain exhibits attached to said Plan to indi- 
cate the changes provided herein; and (4) provide for 
the effective date hereof. 

Whereas, a Renewal Plan for the Druid Heights project 
was approved by the Mayor and City Council of Baltimore 
by Ordinance No. 376, dated June 28, 1977 ; and 

Whereas, pursuant to Section 26, Article 13, of the Bal- 
timore City Code (1966 Edition), as amended by Ordinance 
No. 152 approved June 28, 1968 and Ordinance No. 325 
approved May 31, 1977, no substantial change or changes 
shall be made in any renewal plan, after approval by 
ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in 
said Section 26 for the approval of a renewal plan, namely 
the preparation of such change or changes by the Depart- 
ment of Housing and Community Development, the ap- 
proval of such change or changes by the Director of the 
Department of Planning, and approval and adoption by an 
ordinance of the Mayor and City Council of Baltimore 
after a public hearing in relation thereto, all in the manner 
set forth in said Section 26 ; and 

Whereas, the Department of Housing and Community 
Development has prepared a list of changes to the Renewal 
Plan for Druid Heights, known as "Amendment No. 1 to 
the Urban Renewal Plan for Druid Heights", dated "Janu- 
ary 5, 1978 AND REVISED MARCH 7, 1978"; and 

Whereas, said Amendment No. 1 to the Renewal Plan 
for Druid Heights has been approved by the Director of 
the Department of Planning on January 18, 1978 with 
respect to its conformity as to the Master Plan ; the detailed 
location of any public improvements proposed in the 
amended Renewal Plan; its conformity to the rules and 
regulations for subdivisions; and all zoning changes pro- 
posed in the amended Renewal Plan ; and said Amendment 
No. 1 to the Renewal Plan has been approved and recom- 
mended to the Mayor and City Council of Baltimore by the 
Commissioner of the Department of Housing and Com- 
munity Development on January 18, 1978, now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendments and changes 



230 ORDINANCES Ord. No. 696 

to the Renewal Plan for the Druid Heights Urban Renewal 
project, having been duly reviewed and considered, are 
hereby approved, and the Clerk of the City Council is 
hereby directed to file a copy of said Renewal Plan revised 
to include Amendment No. 1, dated January 5, 1978 AND 
REVISED MARCH 7, 1978, with the Department of Leg- 
islative Reference as a permanent public record and make 
the same available for public inspection and information. 

1. In the Table of Contents, page ii, section entitled 
"EXHIBITS", delete the dates of the maps for Exhibits 1 
through AND 4 from "3/8/77" and insert in lieu thereof 
"1/5/78'% AND FOR EXHIBITS 2 AND 3 FROM 
"3/8/77" AND INSERT IN LIEU THEREOF 3/7/78. 

2. In Section B.l.c, entitled "Non-Conforming Uses", 
page 2, line 9, add the following after the word "estab- 
lished": 

"between the date of the survey on which Appendix A is 
based and the approval of this Plan by the Mayor and City 
Council of Baltimore". 

3. In Section C.4.b., entitled "Community Review", 
page 7, line 2, and page 8, lines 6, 8, and 15, delete the 
word "assigned" and insert in lieu thereof "assignee". 

4. In Section E., entitled "PROCEDURES FOR 
CHANGES IN APPROVED PLAN", page 8, line 4, delete 
the word "sumitted" and insert in lieu thereof "submit- 
ted", and delete the words "City Planning Commission" 
and insert in lieu thereof "Director of the Department of 
Planning". 

5. Delete Appendix A, entitled "NON-CONFORMING 
USES", page 10, and Appendix B, entitled "PROPERTIES 
FOR ACQUISITION AND DISPOSITION FOR REHA- 
BILITATION", page 11, and insert in lieu thereof revised 
Appendices A and B. 

6. Delete Exhibits 1 through AND 4, dated "3/8/77" 
from the Plan and insert in lieu thereof revised Exhibits 1 
through AND 4, dated "1/5/78'% AND DELETE EX- 
HIBITS 2 AND 3, DATED "3/8/77" AND INSERT IN 
LIEU THEREOF REVISED EXHIBITS 2 AND 3, 
DATED "3/7/78". 



ORDINANCES 231 

Sec. 2. And be it further ordained, That it is necessary 
to delete the following properties or portions thereof from 
the list of properties to be acquired in Ordinance No. 376, 
dated June 28, 1977 : 

579 Baker Street 

2140 Division Street 

2142 Division Street 
2144 Division Street 
2146 Division Street 

2024 ETTING STREET 

541 Robert Street 

Sec. 3. And be it further ordained, That it is necessary 
to acquire, by purchase or by condemnation, for urban 
renewal purposes, the fee simple interest or any lesser in- 
terest in and to certain properties or portions thereof, 
together with all right, title, interest, and estate that the 
owner or owners of said property interests may have in all 
streets, alleys, ways or lanes, public or private, both abut- 
ting the whole area described and/or contained within the 
perimeter of said area, situate in Baltimore City, Maryland, 
and described as follows : 

589 Baker Street 

1837 Division Street 

3044 Division Street 

2047 Division Street 

2101 Division Street 

2108 Division Street 

2143 Division Street 

1802 Druid Hill Avenue 
1812 Druid Hill Avenue 
1821 Druid Hill Avenue 

1924 McCulloh Street 
1926 McCulloh Street 
1928 McCULLOH STREET 
2100% McCULLOH STREET 

Sec. 4. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 



232 ORDINANCES Ord. No. 696 

or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore City Charter, may 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and City Council of 
Baltimore and for the purposes described in this ordi- 
nance, the fee simple interest or any lesser interest in and 
to the properties or portions thereof hereinabove men- 
tioned. If the said Real Estate Acquisition Division of the 
Department of the Comptroller, or such person or persons, 
and in such manner as the Board of Estimates in the 
exercise of the power vested in it by Article V, Section 5, 
of the Baltimore City Charter, may hereafter from time 
to time designate, is or are unable to agree with the owner 
or owners on the purchase price for said properties or por- 
tions thereof, it or they shall forthwith notify the City 
Solicitor of Baltimore City, who shall thereupon institute 
in the name of the Mayor and City Council of Baltimore the 
necessary legal proceedings to acquire by condemnation the 
fee simple interest or any lesser interest in and to said 
properties or portions thereof. 



Sec. 5. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved 
hereby for the Druid Heights Urban Renewal project may 
not meet the requirements as to the content of a renewal 
plan or the procedures for the preparation, adoption, and 
approval of renewal plans, as provided in Ordinance No. 152 
approved June 28, 1968, and Ordinance No. 325 approved 
May 31, 1977, the said requirements are hereby waived and 
the amended Renewal Plan approved hereby is exempted 
therefrom. 

Sec. 6. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining pro- 
visions of this ordinance without the word, phrase, clause, 



ORDINANCES 233 

sentence, paragraph, section or part or the application 
thereof so held invalid. 

Sec. 7. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety ordi- 
nance or code or regulation, the applicable provisions con- 
cerned shall be construed so as to give effect to each; 
provided, however, that if such provisions are found to be 
in irreconcilable conflict, the provision which establishes 
the higher standard for the promotion of the public health 
and safety shall prevail. In any case where a provision of 
this ordinance is found to be in conflict with an existing 
provision of any other ordinance or code or regulation in 
force in the City of Baltimore which establishes a lower 
standard for the promotion and protection of the public 
health and safety, the provision of this ordinance shall pre- 
vail, and the other existing provision of such other ordi- 
nance or code or regulation is hereby repealed to the extent 
that it may be found in conflict with this ordinance. 

Sec. 8. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 697 
(Council No. 1416) 

An Ordinance to amend the Urban Renewal Plan for 
Upton, which Plan was originally approved by Ordinance 
No. 794, dated May 22, 1970, to, among other things: 
(1) authorize the acquisition by purchase or by con- 
demnation by the Mayor and City Council of Baltimore 
for urban renewal purposes of certain properties; (2) 
make certain land use changes; (3) delete certain prop- 
erties from acquisition and disposition; (4) designate 



234 ORDINANCES Ord. No. 697 

certain properties for rehabilitation in lieu of clear- 
ance; (5) modify the standards and controls and the 
boundaries of certain disposition lots; (6) create several 
new disposition lots; (7) delete the recommendation to 
close certain streets and other rights-of-way; (8) revise 
certain exhibits attached to the Renewal Plan to indi- 
cate the changes provided herein; and (9) provide for 
the effective date hereof. 

Whereas, the Renewal Plan for the Upton Urban Re- 
newal Project was approved by the Mayor and City 
Council of Baltimore by Ordinance No. 794, dated May 22, 
1970, and last amended by Ordinance No. 55, dated May 
28, 1976; and 

Whereas, pursuant to Section 26, Article 13 of the Bal- 
timore City Code (1966 Edition), as amended by Ordi- 
nance No. 152, dated June 28, 1968, and as further 
amended by Ordinance No. 325, dated May 31, 1977, no 
substantial change or changes shall be made in any re- 
newal plan after approval by ordinance without such 
change or changes first being adopted and approved in the 
same manner as set forth in said Section 26 for the ap- 
proval of a renewal plan, namely the preparation of such 
change or changes by the Department of Housing and 
Community Development, the approval of such change or 
changes by the Director of the Department of Planning, 
and approval and adoption by an ordinance of the Mayor 
and City Council of Baltimore after a public hearing in 
relation thereto, all in the manner set forth in said Section 
26 ; and 

Whereas, extensive changes in the Renewal Plan for 
Upton make it infeasible to make line-by-line changes; 
therefore, the Department of Housing and Community De- 
velopment has prepared an amended Renewal Plan for 
Upton, including all prior amendments to said Plan; and 

Whereas, the amended Renewal Plan for Upton has been 
approved by the Director of the Department of Planning 
on January 18, 1978 with respect to its conformity as to 
the Master Plan; the detailed location of any public im- 
provements proposed in the amended Renewal Plan; its 
conformity to the rules and regulations for subdivisions; 
and all zoning changes proposed in the amended Renewal 



ORDINANCES 235 

Plan; and the amended Renewal Plan for Upton has been 
approved and recommended to the Mayor and City Council 
of Baltimore by the Commissioner of the Department of 
Housing and Community Development on January 18, 
1978 ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the amended Renewal Plan for Upton, 
identified as "Urban Renewal Plan, Upton . . . revised to 
include Amendment No. 7 dated January 11, 1978 AND 
REVISED MARCH 14, 1978," is hereby approved and the 
Clerk of the City Council is hereby directed to file a copy 
of said amended Renewal Plan with the Department of 
Legislative Reference as a permanent record and to make 
the same available for public inspection and information. 

Sec. 2. And be it further ordained, That it is necessary 
to delete the following properties or portions thereof from 
the list of properties to be acquired in Ordinance No. 794, 
approved May 22, 1970: 

one-story brick shed, approximately 14 ft. by 23 ft., lo- 
cated at extreme rear of 1237 Druid Hill Avenue ; 

1435 North Fremont Avenue ; 

two story brick carriage house, approximately 4& £k by &9 
&r? located at oxtromo ¥ee& e£ 1314 McCulloh Street. 

one-story brick garage, approximately 15 ft. by 21 ft., 
located at extreme rear of 1720 McCulloh Street. 

rear 50 feet, more or less, of 1309 Myrtle Avenue. 
1920-1922 Pennsylvania Avenue. 

Sec. 3. And be it further ordained, That it is necessary 
to acquire by purchase or by condemnation for urban re- 
newal purposes, the fee simple interest or any lesser 
interest in and to certain properties or portions thereof, 
together with all right, title, interest, and estate that the 
owner or owners of said property interests may have in all 
streets, alleys, ways or lanes, public or private, both abut- 
ting the whole area described and/or contained within the 
perimeter of said area, situate in Baltimore City, Maryland, 
and described as follows : 



236 ORDINANCES Ord. No. 697 

909 Argyle Avenue 

911 Argyle Avenue 

913 Argyle Avenue 

915 Argyle Avenue 

917 Argyle Avenue 

919 Argyle Avenue 
1111 Argyle Avenue 
1113 Argyle Avenue 
1115 Argyle Avenue 
1117 Argyle Avenue 
1119 Argyle Avenue 
1319 Argyle Avenue 
1321 Argyle Avenue 
1323 Argyle Avenue 

626 W. Lafayette Avenue 

628 W. Lafayette Avenue 
630 W. Lafayette Avenue 

629 W. Lanvale Street 

630 W. Lanvale Street 

631 W. Lanvale Street 
633 W. Lanvale Street 

1445 Pennsylvania Avenue 

Sec. 4. And be it further ordained, That it is necessary 
to acquire by purchase or by condemnation for urban re- 
newal purposes, the fee simple interest or any lesser inter- 
est, only the structure standing on the property described 
as follows. The land upon which this structure stands may 
not necessarily be acquired : 

one-story brick store, approximately 17 ft. by 22 ft., located 
at rear of 1745 Druid Hill Avenue. 

Sec. 5. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comp- 
troller, or such person or persons and in such manner as 
the Board of Estimates, in the exercise of the power vested 
in it by Article V, Section 5, of the Baltimore City Charter, 
may hereafter from time to time designate, is or are 
authorized to acquire on behalf of the Mayor and City 
Council of Baltimore, and for the purposes described in 
this ordinance, the fee simple interest or any lesser inter- 



ORDINANCES 237 

est in and to the properties or portions thereof hereinabove 
mentioned. If the said Real Estate Acquisition Division of 
the Department of the Comptroller, or such person or per- 
sons, and in such manner as the Board of Estimates, in 
the exercise of the power vested in it by Article V, Section 
5, of the Baltimore City Charter, may hereafter from time 
to time designate, is or are unable to agree with the owner 
or owners on the purchase price of said properties or por- 
tions thereof, it or they shall forthwith notify the City 
Solicitor of Baltimore City, who shall thereupon institute 
in the name of the Mayor and City Council of Baltimore 
the necessary legal proceedings to acquire by condemnation 
the fee simple interest or any lesser interest in and to said 
properties or portions thereof. 

Sec. 6. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved 
hereby for Upton may not meet the requirements as to 
the content of a renewal plan or the procedures for the 
preparation, adoption, and approval of a renewal plan, as 
provided in Ordinance No. 152, approved June 28, 1968, 
and amended by Ordinance No. 325, approved May 31, 
1977, the said requirements are hereby waived and the 
amended Renewal Plan approved hereby is exempted 
therefrom. 

Sec. 7. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part or the applica- 
tion thereof so held invalid. 

Sec. 8. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, build- 
ing, electrical, plumbing, health, fire or safety ordinance or 
code or regulation, the applicable provisions concerned 



238 ORDINANCES Ord. No. 698 

shall be construed so as to give effect to each; provided, 
however, that if such provisions are found to be in irre- 
concilable conflict, the provisions which establish the 
higher standard for the promotion of the public health and 
safety shall prevail. In any case where a provision of this 
ordinance is found to be in conflict with an existing pro- 
vision of any other ordinance or code or regulation in force 
in the City of Baltimore which establishes a lower stan- 
dard for the promotion and protection of the public health 
and safety, the provision of this ordinance shall prevail, 
and the other existing provision of such other ordinance 
or code or regulation is hereby repealed to the extent that 
it may be found in conflict with this ordinance. 

Sec. 9. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 698 
(Council No. 1417) 

An Ordinance to amend the Urban Renewal Plan for the 
Coldstream Homestead Montebello Area, which plan was 
approved by Ordinance No. 289, dated February 28, 
1977, to, among other things, (1) authorize the acquisi- 
tion by purchase or by condemnation by the Mayor and 
City Council of Baltimore, for urban renewal purposes, 
of certain properties; (2) change the proposed land use 
of certain properties; (3) create or expand certain dis- 
position parcels and establish corresponding standards 
and controls where appropriate; (4) add language per- 
taining to and defining non-complying land uses and 
identify those properties which are or will become non- 
conforming uses; (5) recommend certain zoning dis- 
trict changes; (6) revise and/or add certain appendices 
or exhibits to said plan to indicate the changes provided 
herein; and (7) provide for the effective date hereof. 



ORDINANCES 239 

Whereas, a Renewal Plan for Coldstream Homestead 
Montebello was approved by the Mayor and City Council of 
Baltimore by Ordinance No. 289, dated February 28, 1977; 
and 

Whereas, pursuant to Section 26, Article 13 of the Bal- 
timore City Code (1966 Edition) as amended by Ordinance 
No. 152 approved June 28, 1968, and Ordinance No. 325 
approved May 31, 1977, no substantial change or changes 
shall be made in any renewal plan, after approval by ordi- 
nance, without such change or changes first being adopted 
and approved in the same manner as set forth in said 
Section 26 for the approval of a renewal plan, namely the 
preparation of such change or changes by the Department 
of Housing and Community Development, the approval of 
such change or changes by the Director of the Department 
of Planning, and approval and adoption by an ordinance of 
the Mayor and City Council of Baltimore after a public 
hearing in relation thereto, all in the manner set forth in 
said Section 26 ; and 

Whereas, extensive changes in the Renewal Plan make 
it infeasible to make line-by-line changes; therefore, the 
Department of Housing and Community Development has 
prepared an amended Renewal Plan for Coldstream Home- 
stead Montebello; and 

Whereas, said amended Renewal Plan for Coldstream 
Homestead Montebello has been approved by the Director 
of the Department of Planning on January 18, 1978 with 
respect to its conformity to the Master Plan ; the detailed 
location of any public improvements proposed in the 
amended Renewal Plan; its conformity to the rules and 
regulations for subdivisions; and all zoning changes pro- 
posed in the amended Renewal Plan, and said amended 
Renewal Plan has been approved and recommended to the 
Mayor and City Council of Baltimore City by the Com- 
missioner of the Department of Housing and Community 
Development on January 18, 1978 ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the amended Renewal Plan for Cold- 
stream Homestead Montebello, identified as "Urban Re- 
newal Plan, Coldstream Homestead Montebello . . . revised 



240 ORDINANCES Ord. No. 698 

to include Amendment No. 1, dated January 5, 1978" is 
hereby approved, and the Clerk of the City Council is 
hereby directed to file a copy of said amended Renewal 
Plan with the Department of Legislative Reference as a 
permanent public record and make the same available for 
public inspection and information. 

Sec. 2. And be it further ordained, That it may be neces- 
sary to acquire by purchase or by condemnation the fee 
simple interest, or any lesser interest, in and to certain 
properties, together with all right, title, interest, and estate 
that the owner or owners of said property interests may 
have in all streets, alleys, ways or lanes, public or private, 
both abutting the whole area described and/or contained 
within the perimeter of said area, situate in Baltimore 
City, Maryland, and described as follows: 

1556 Abbotston Street 
1558 Abbotston Street 
1560 Abbotston Street 

1768 Carswell Street 

Ward 9, Section 17, Block 4137, Lot 26A (known as 
1441 E. 28th Street) 

Sec. 3. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the 
Board of Estimates, in the exercise of the power vested in 
it by Article V, Section 5, of the Baltimore City Charter, 
may hereafter from time to time designate, is or are 
authorized to acquire on behalf of the Mayor and City 
Council of Baltimore and for the purposes described in 
this ordinance, the fee simple interest or any lesser inter- 
est in and to the properties or portions thereof hereinabove 
mentioned. If the said Real Estate Acquisition Division of 
the Department of the Comptroller, or such person or per- 
sons, and in such manner as the Board of Estimates in the 
exercise of the power vested in it by Article V, Section 5, 
of the Baltimore City Charter, may hereafter from time 
to time designate, is or are unable to agree with the owner 
or owners on the purchase price for said properties or por- 
tions thereof, it or they shall forthwith notify the City 



ORDINANCES 241 

Solicitor of Baltimore City, who shall thereupon institute 
in the name of the Mayor and City Council of Baltimore 
the necessary legal proceedings to acquire by condemnation 
the fee simple interest or any lesser interest in and to said 
properties or portions thereof. 

Sec. 4. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved 
hereby for the Coldstream Homestead Montebello Urban 
Renewal Area may not meet the requirements as to the 
content of a renewal plan or the procedures for the prepa- 
ration, adoption, and approval of renewal plans, as pro- 
vided in Ordinance No. 152 approved June 28, 1968 and 
Ordinance No. 325 approved May 31, 1977, the said require- 
ments are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

Sec. 5. And be it further ordained, That the approval of 
the amended Renewal Plan for Coldstream Homestead 
Montebello shall not be construed as an enactment of such 
amendments to the Zoning Ordinance as are proposed in 
said amended Plan. 

Sec. 6. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part or the applica- 
tion thereof so held invalid. 

Sec. 7. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, build- 
ing, electrical, plumbing, health, fire or safety code or 
regulation, the applicable provisions concerned shall be 
construed so as to give effect to each; provided, however, 
that if such provisions are found to be in irreconcilable 
conflict, the provision which establishes the higher stan- 



242 ORDINANCES Ord. No. 699 

dard for the promotion of the public health and safety shall 
prevail. In any case where a provision of this ordinance is 
found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City 
of Baltimore which establishes a lower standard for the 
promotion and protection of the public health and safety, 
the provision of this ordinance shall prevail, and the other 
existing provision of such other ordinance or code or regu- 
lation is hereby repealed to the extent that it may be 
found in conflict with this ordinance. 

Sec. 8. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 699 
(Council No. 1418) 

An Ordinance approving an Urban Renewal Plan for 
Greenmount West, bounded generally by Calvert Street 
on the west, North Avenue on the north, Greenmount 
Avenue on the east, and the Penn Central Railroad 
right-of-way on the south; authorizing the acquisition 
by purchase or by condemnation by the Mayor and 
City Council of Baltimore, for urban renewal purposes, 
of the fee simple interest or any lesser interest in and 
to certain properties within Greenmount West; provid- 
ing for review by the Department of Housing and 
Community Development of all plans for new construc- 
tion, exterior rehabilitation, or change in use within 
Greenmount West; establishing procedures for the issu- 
ance and denial of demolition permits ; providing that in 
selling land in Greenmount West, the Department of 
Housing and Community Development shall require 
that developers agree in writing not to discriminate in 
the sale, lease, use or occupancy of the property devel- 
oped by them against any person because of race, CREED, 



ORDINANCES 243 

color, sex, or national origin ; providing that the approval 
of said Renewal Plan is not an enactment of any of the 
amendments to the Zoning Ordinance proposed therein; 
waiving such requirements, if any, as to content or pro- 
cedure for the preparation, adoption and approval of 
Renewal Plans as set forth in Ordinance No. 152, 
approved June 28, 1968, as amended to date, which the 
Renewal Plan for Greenmount West may not meet; pro- 
viding for the separability of the various parts and 
applications of this ordinance ; providing that where the 
provisions of this ordinance shall conflict with any other 
ordinance, code or regulation, the provision which estab- 
lishes the higher standard shall prevail; and providing 
for the effective date hereof. 

Whereas, the area known as "Greenmount West", 
bounded generally by Calvert Street on the west, North 
Avenue on the south NORTH, Greenmount Avenue on the 
east, and the Penn Central Railroad right-of-way on the 
south, lies within a portion of the Gay Street Urban Re- 
newal Area, as designated by Ordinance No. 1668, approved 
May 14, 1963, and last amended by Ordinance No. 513, 
approved June 27, 1969; and 

Whereas, under Ordinance No. 152 approved June 28, 
1968 as amended by Ordinance No. 325 approved May 31, 
1977, the Department of Housing and Community Devel- 
opment is authorized to prepare and administer renewal 
plans in renewal areas ; and 

Whereas, the Department of Housing and Community 
Development has prepared a Renewal Plan for Greenmount 
West, consisting of a cover page, a table of contents, thir- 
teen (13) pages of text, and four (4) exhibits; and 

Whereas, the Renewal Plan for Greenmount West was 
approved by the Director of the Department of Planning 
on January 18, 1978 with respect to its conformity as to 
the Master Plan; the detailed location of any public im- 
provements proposed in the Renewal Plan; its conformity 
to the rules and regulations for subdivisions ; and all zoning 
changes proposed in the Renewal Plan, and the Renewal 
Plan was approved and recommended to the Mayor and 
City Council of Baltimore by the Commissioner of the 



244 ORDINANCES Ord. No. 699 

Department of Housing and Community Development on 
January 18, 1978; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Urban Renewal Plan for the area 
known as Greenmount West, as hereinbelow more particu- 
larly described, is hereby approved, and the Clerk of the 
City Council is hereby directed to file a copy of said Re- 
newal Plan with the Department of Legislative Reference 
as a permanent record and to make the same available for 
public inspection and information. 

Beginning for the same at the intersection of the west 
side of Calvert Street with the south side of North Avenue ; 
thence binding on the south side of North Avenue easterly, 
crossing Guilford Avenue, Barclay Street, Brentwood Ave- 
nue, and Greenmount Avenue, to intersect the east side of 
Greenmount Avenue; thence binding on the east side of 
Greenmount Avenue southerly to intersect the north side 
of Hoffman Street; thence crossing Greenmount Avenue 
and continuing on the north boundary line of the main line 
Pennsylvania Railroad right-of-way westerly to intersect 
the southwest side of Lot No. 32/34, Ward 12, Section 10, 
Block 1128; thence continuing northwesterly and westerly 
and binding on the end of Belvidere Street, north bound- 
ary of Lot No. 53, Ward 12, Section 10, Block 1128, to 
intersect the south side of East Oliver Street ; thence bind- 
ing on the south side of East Oliver Street westerly, crossing 
Guilford Avenue to the west side of Guilford Avenue; 
thence binding on the west side of Guilford Avenue north- 
erly to intersect the south property line of Lot No. 1, Ward 
12, Section 10, Block 446 ; thence continuing northwesterly 
and binding on the north boundary of Lot No. 2, Ward 12, 
Section 10, Block 446 and continuing, crossing Calvert 
Street to the west side of Calvert Street; thence binding 
on the west side of Calvert Street northerly and crossing 
Federal Street, Lanvale Street, Lafayette Avenue, and Tren- 
ton Street to the point of beginning. 

Sec. 2. And be it further ordained, That it is necessary 
to acquire, by purchase or by condemnation, for urban 
renewal purposes, the fee simple interest or any lesser in- 
terest in and to certain properties or portions thereof, 



ORDINANCES 245 

together with all right, title, interest, and estate that the 
owner or owners of said property interest may have in all 
streets, alleys, ways or lanes, public or private, both abutting 
the whole area described and/or contained within the perim- 
eter of said area, situate in Baltimore City, Maryland, and 
described as follows : 

1616 Barclay Street 
1618 Barclay Street 
1700 Barclay Street 
1714 Barclay Street 
1716 Barclay Street 

1800 Barclay Street 

1601-15 N. Calvert Street 

328 Federal Street 

1639 Guilford Avenue 

215 E. Lafayette Avenue 
310 E. Lafayette Avenue 
327 E. Lafayette Avenue 

329 E. Lafayette Avenue 
404 E. Lafayette Avenue 
406 E. Lafayette Avenue 
408 E. Lafayette Avenue 

416 E. Lafayette Avenue 
426 E. Lafayette Avenue 
429 E. Lafayette Avenue 
434 E. Lafayette Avenue 
436 E. Lafayette Avenue 

301 E. Lanvale Street 
303 E. Lanvale Street 
305 E. Lanvale Street 
307 E. Lanvale Street 
309 E. Lanvale Street 
315 E. Lanvale Street 
322 E. Lanvale Street 
324 E. Lanvale Street 
326 E. Lanvale Street 
410 E. Lanvale Street 
415 E. Lanvale Street 

417 E. Lanvale Street 



246 ORDINANCES Ord. No. 699 

419 E. Lanvale Street 
421 E. Lanvale Street 
423 E. Lanvale Street 
436 E. Lanvale Street 

438 E. Lanvale Street 
449 E. Lanvale Street 

420 Pitman Place 
436 Pitman Place 

439 Pitman Place 

Sec. 3. And be it further ordained, That it may be neces- 
sary to acquire, by purchase or by condemnation, for urban 
renewal purposes, the fee simple interest or any lesser 
interest in and to such of the remaining properties or por- 
tions thereof, together with all right, title, interest, and 
estate that the owner or owners of said property interests 
may have in all streets, alleys, ways or lanes, public or 
private, both abutting the whole area described and/or 
contained within the perimeter of said area in Greenmount 
West not specifically designated for acquisition in Section 
2 of this ordinance, as may be deemed necessary and 
proper by the Commissioner of the Department of Hous- 
ing and Community Development to effect the proper im- 
plementation of the project. These properties may include : 

(a) any property in the project area containing a non- 
salvable structure, i.e. a structure which in the opinion 
of the Commissioner of the Department of Housing and 
Community Development cannot be economically rehabil- 
itated. 

(b) any property the owner of which is unable fce OR un- 
willing to comply or conform to the codes and ordinances 
of Baltimore City within 12 months from the date of 
written notice of the required improvements, the Depart- 
ment of Housing and Community Development, after due 
consideration that the property owner has failed to achieve 
substantial conformity with the codes and ordinances of 
Baltimore City, may acquire such property pursuant to 
the Eminent Domain Law of this State as if the property 
had originally been planned for acquisition after 90 days 
written notice to the owner. The Department of Housing 
and Community Development reserves the right to acquire 



ORDINANCES 247 

any such non-complying property for a period of two (2) 
years from the date of said written 90 days notice by the 
Department of Housing and Community Development. 

Sec. 4. And be it further ordained, That it may be neces- 
sary to acquire by purchase or by condemnation for urban 
renewal purposes the fee simple interest, or any lesser 
interest, in and to such of the remaining properties or 
portions thereof, together with all right, title, interest, and 
estate that the owner or owners of said property interests 
may have in all streets, alleys, ways or lanes, public or 
private, abutting said properties in Greenmount West not 
designated for acquisition in addition to those properties 
enumerated in Sections 2 and 3 of this ordinance, in order 
to carry out rehabilitation by the Department of Housing 
and Community Development because : 

(a) it is necessary to make residential structures avail- 
able for use for low- and moderate-income families ; or 

(b) rehabilitation on a structure-by-structure basis is 
infeasible, and assemblage of a group of properties is re- 
quired to carry out the objectives set forth in the Plan; or 

(c) rehabilitation of individual, scattered properties is 
necessary in order to remove blighting influences from 
otherwise sound residential blocks. 

Sec. 5. And be it further ordained, That upon acquisition 
of the properties mentioned in Sections 3 and 4 of this 
ordinance, the Department of Housing and Community 
Development will either : 

(a) demolish the structure or structures thereon and 
dispose of the land for redevelopment for uses in accord- 
ance with the Plan ; or 

(b) sell or lease the property subject to rehabilitation 
in conformance with the codes and ordinances of Balti- 
more City ; or 

(c) rehabilitate the property in conformance with the 
codes and ordinances of Baltimore City and dispose of the 
property in accordance with the applicable regulations. If 
sale cannot be consummated by the time rehabilitation is 



248 ORDINANCES Ord. No. 699 

accomplished, property may be rented pending continuing 
sale efforts. 

Sec. 6. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such persons and in such manner as the Board of Esti- 
mates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter 
from time to time designate, is or are authorized to acquire 
on behalf of the Mayor and City Council of Baltimore and 
for the purposes described in this ordinance, the fee simple 
interest or any lesser interest in and to the properties or 
portions thereof hereinabove mentioned. If the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore City Charter, may here- 
after from time to time designate, is or are unable to agree 
with the owner or owners on the purchase price for said 
properties or portions thereof, it or they shall forthwith 
notify the City Solicitor of Baltimore City, who shall there- 
upon institute in the name of the Mayor and City Council 
of Baltimore the necessary legal proceedings to acquire by 
condemnation the fee simple interest or any lesser interest 
in and to said properties or portions thereof. 

SEC. 7. And be it further ordained, That all plans for new 
construction (including parking lots), exterior rehabilita- 
tion, or change in use on any property not to be acquired 
under the provisions of the Plan shall be submitted to the 
Department of Housing and Community Development for 
review. Only upon finding that the proposed plans are con- 
sistent with the objectives of the Urban Renewal Plan 
shall the Commissioner of the Department of Housing and 
Community Development authorize the processing of the 
plans for issuance of a building permit. The provisions of 
this section are in addition to and not in lieu of all other 
applicable laws and ordinances relating to new con- 
struction. 

Sec. 8. And be it further ordained, That all applications 
for demolition permits shall be submitted to the Depart- 
ment of Housing and Community Development for review 



ORDINANCES 249 

and approval. Upon finding that the proposed demolition is 
consistent with the objectives of the urban renewal plan, 
the Commissioner of the Department of Housing and Com- 
munity Development shall authorize the issuance of the 
necessary permit. If the Commissioner finds that the pro- 
posal is inconsistent with the objectives of the urban 
renewal plan and therefore denies the issuance of the per- 
mit, within 90 days of such denial, he shall seek approval 
of the Board of Estimates to acquire for and on behalf of 
the Mayor and City Council of Baltimore the property, in 
whole or in part, on which said demolition was to have 
occurred by purchase, lease, condemnation, gift, or other 
legal means for the renovation, rehabilitation and disposi- 
tion thereof. In the event that the Board of Estimates does 
not authorize the acquisition, the Commissioner shall, 
without delay, issue the demolition permit. 

Sec. 9. And be it further ordained, That in selling or 
otherwise disposing of property in the Greenmount West 
area, the Department of Housing and Community Develop- 
ment shall require that the developers agree in writing not 
to discriminate in the sale, lease, use or occupancy of the 
property developed by them against any person because of 
race, creed, color, sex, or national origin. 

Sec. 10. And be it further ordained, That the approval 
of the Renewal Plan for Greenmount West shall not be 
construed as an enactment of such amendments to the Zon- 
ing Ordinance as are proposed in the Renewal Plan. 

Sec. 11. And be it further ordained, That in whatever 
respect, if any, the Renewal Plan approved hereby for the 
Greenmount West area may not meet the requirements as 
to the content of a Renewal Plan or the procedure for the 
preparation, adoption, and approval of Renewal Plans as 
provided in Ordinance No. 152, approved June 28, 1968 
and Ordinance No. 325, approved May 31, 1977, the said 
requirements are hereby waived and the Renewal Plan 
approved hereby is exempted therefrom. 

Sec. 12. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance, 



250 ORDINANCES Ord. No. 700 

or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part or the applica- 
tion thereof so held invalid. 

Sec. 13. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety ordi- 
nance or code or regulation, the applicable provisions con- 
cerned shall be construed so as to give effect to each; 
provided, however, that if such provisions are found to be 
in irreconcilable conflict, the provision which establishes 
the higher standard for the promotion and protection of 
the public health and safety shall prevail. In any case 
where a provision of this ordinance is found to be in con- 
flict with an existing provision of any other ordinance or 
code or regulation in force in the City of Baltimore which 
establishes a lower standard for the promotion and pro- 
tection of the public health and safety, the provision of 
this ordinance shall prevail, and the other existing provi- 
sion of such other ordinance or code or regulation is hereby 
repealed to the extent that it may be found in conflict with 
this ordinance. 

Sec. 14. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 700 
(Council No. 1436) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in 



ORDINANCES 251 

accordance with Article V, Section 5(b) of the City 
Charter, all of the interest of the Mayor and City Coun- 
cil of Baltimore in and to that parcel of land and im- 
provements known as Lot 61 of Block 5093, Baltimore, 
Maryland, said property being no longer needed for 
public use. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or pri- 
vate sale in accordance with Article V, Section 5(b) of the 
City Charter, all of the interest of the Mayor and City 
Council of Baltimore in and to that parcel of land situate 
in Baltimore, Maryland, and described as follows : 

BEGINNING for the same at a point on the south side 
of Northern Parkway, varying in width, as authorized 
under Ordinance No. 891 approved July 8, 1970 authorizing 
the acquisition of properties by purchase or condemnation 
for the opening of Northern Parkway, distant 534 feet, 
more or less, westerly measured along the south side of said 
Northern Parkway from the west side of York Road, as 
now laid out 80 feet wide, said point of beginning being 
on the second line of the parcel of land conveyed by Floyd 
E. Hock and wife to the Mayor and City Council of Balti- 
more by deed dated November 10, 1971 and recorded 
among the Land Records of Baltimore City in Liber R.H.B. 
No. 2853, Folio 377 and running thence binding on part 
of the second line of the parcel of land described in said 
deed, to the end thereof, Southerly 38 feet, more or less, 
to intersect the tenth line of the first parcel of land con- 
veyed by Schreiber Bros., Incorporated to Morris Shub and 
Wife by deed dated May 7, 1963 and recorded among said 
Land Records in Liber J.F.C. No. 1484, Folio 254 ; thence 
binding reversely on part of the tenth line of the first 
parcel of land described in last said deed, to the beginning 
thereof, Westerly 438 feet, more or less; thence binding 
reversely on part of the ninth line of the first parcel of 
land described in last said deed, Northerly 64 feet, more 
or less, to intersect the south side of said Northern Park- 
way and thence binding on the south side of said Northern 
Parkway, Easterly by a line curving to the right with a 
radius of 3764.72 feet the distance of 436 feet, more or 



252 ORDINANCES Ord. No. 701 

less, to the place of beginning. Containing 23,953 square 
feet, more or less, or 0.55 acre of land, more or less. 

Said property being no longer needed for public use. 

Sec. 2. And be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 701 

(Council No. 1437) 

An Ordinance approving an Urban Renewal Plan for Sand- 
town-Winchester, bounded generally by Lafayette Ave- 
nue on the south, Monroe Street on the west, North 
Avenue on the north, and Pennsylvania and Fremont 
Avenues on the east, excluding a portion of the North 
Avenue Transit Station Urban Renewal Area and the 
Lafayette Square Community Center Urban Renewal 
Project which lie within these general boundaries; au- 
thorizing the acquisition by purchase or by condemnation 
by the Mayor and City Council of Baltimore, for urban 
renewal purposes, of the fee simple interest or any lesser 
interest in and to certain properties within Sandtown- 
Winchester; providing for review by the Department of 
Housing and Community Development of all plans for 
new construction, exterior rehabilitation, or change in 
use within Sandtown-Winchester ; establishing procedures 
for the issuance and denial of demolition permits; pro- 
viding that in selling land in Sandtown-Winchester, the 
Department of Housing and Community Development 
shall require that developers agree in writing not to dis- 
criminate in the sale, lease, use or occupancy of the 



ORDINANCES 253 

property developed by them against any person because of 
race, CREED, color, sex, or national origin; waiving such 
requirements, if any, as to content or procedure for the 
preparation, adoption and approval of Renewal Plans as 
set forth in Ordinance No. 152, approved June 28, 1968, 
as amended to date, which the Renewal Plan for Sand- 
town-Winchester may not meet; providing for the sep- 
arability of the various parts and applications of this 
ordinance; providing that where the provisions of this 
ordinance shall conflict with any other ordinance, code 
or regulation, the provision which establishes the higher 
standard shall prevail; and providing for the effective 
date hereof. 

Whereas, the area known as "Sandtown-Winchester," 
bounded generally by Lafayette Avenue on the south, Mon- 
roe Street on the west, North Avenue on the north, and 
Pennsylvania and Fremont Avenues on the east, excluding 
a portion of the "North Avenue Transit Station Urban 
Renewal Area", as designated by Ordinance No. 383, ap- 
proved June 28, 1977, and the "Lafayette Square Commun- 
ity Center Urban Renewal Project", as described in Ordi- 
nance No. 777, approved May 4, 1970, lies within a portion 
of the "Fremont-Monroe Urban Renewal Area", as desig- 
nated by Ordinance No. 514, approved June 27, 1969, and 
within a portion of the "Mount Royal-Fremont Urban 
Renewal Area", as designated by Ordinance No. 875, ap- 
proved May 22, 1957, and last amended by Ordinance No. 
578, approved August 21, 1969; and 

Whereas, under Ordinance No. 152, approved June 28, 
1968, as amended by Ordinance No. 325, approved May 
31, 1977, the Department of Housing and Community De- 
velopment is authorized to prepare and administer renewal 
plans in renewal areas; and 

Whereas, the Department of Housing and Community 
Development has prepared a Renewal Plan for Sandtown- 
Winchester, consisting of a cover page, a table of contents, 
thirteen (13) pages of text, and four (4) exhibits; and 

Whereas, the Renewal Plan for Sandtown-Winchester 
was approved by the Director of the Department of Plan- 
ning on January 25, 1978, with respect to its conformity 



254 ORDINANCES Ord. No. 701 

as to the Master Plan; the detailed location of any public 
improvements proposed in the Renewal Plan; its conform- 
ity to the rules and regulations for subdivisions; and its 
conformity to existing zoning classifications, and the Re- 
newal Plan was approved and recommended to the Mayor 
and City Council of Baltimore by the Commissioner of 
the Department of Housing and Community Development 
on January 25, 1978; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Urban Renewal Plan for the area 
known as Sandtown-Winchester, as hereinbelow more par- 
ticularly described, is hereby approved, and the Clerk of the 
City Council is hereby directed to file a copy of said Re- 
newal Plan with the Department of Legislative Reference 
as a permanent record and to make the same available for 
public inspection and information. 

Beginning for the same at the intersection formed by 
the southwest side of Fremont Avenue and the north side 
of Lafayette Avenue; thence binding on the north side 
of Lafayette Avenue westerly to intersect the west side 
of Parrish Street ; thence binding on the west side of Par- 
rish Street northerly to intersect the northern boundary 
line of Lot 47/51, Block 75, Section 11, Ward 16; thence 
binding on the northern boundary line of said Lot 47/51 
westerly to intersect the east side of Gilmor Street ; 

thence binding on the east side of Gilmor Street southerly 
to intersect the north side of Lafayette Avenue; thence 
binding on the north side of Lafayette Avenue westerly 
to intersect the west side of Monroe Street ; thence binding 
on the west side of Monroe Street northerly to intersect the 
center line of North Avenue; thence binding on the center 
line of North Avenue easterly to intersect a line extended 
northwesterly from the east side of Woodyear Street; 
thence binding on said line and the east side of Woodyear 
Street southerly and southeasterly to intersect the north- 
west side of Westwood Avenue; thence binding on the 
northwest side of Westwood Avenue northeasterly to in- 
tersect a line extended northwesterly from the northeast 
side of the first ten foot alley; 

thence binding on said line and the northeast side of said 



ORDINANCES 255 

alley southeasterly, CROSSING ALLEGHANY PLACE, 
AND BINDING ON THE NORTHEAST SIDE OF A 
3'9" ALLEY to intersect the northwest boundary of Lots 

54 and 55, Block 202 293, Section 13, Ward 15; thence 
binding on the northwest boundary of said Lots 54 and 

55 southwesterly to intersect the southwest boundary of 
said Lot 55; thence binding on the southwest boundary 
of said Lot 55 southeasterly to intersect the northwest 
side of Cumberland Street; THENCE BINDING ON THE 
NORTHWEST SIDE OF CUMBERLAND STREET north- 
easterly to intersect a line extended northerly from the 
northeast side of Stockton Street; thence binding on said 
line and the northeast side of Stockton Street southeasterly 
to intersect the southeast boundary of Lets 22 through LOT 
28, Block 297, Section 13, Ward 15; 

thence binding on the southeast boundary el sa44 trets 22 
through 28 SAID LINE AND THE SOUTHEAST 
BOUNDARY OF LOTS 28 THROUGH 22/24, BLOCK 297, 
northeasterly to intersect the southwest side of Penn- 
sylvania Avenue; thence binding on the southwest side 
of Pennsylvania Avenue southeasterly to intersect the 
southwest side of Fremont Avenue; thence binding on the 
southwest side of Fremont Avenue southeasterly to the 
point of beginning. 

Sec. 2. And be it further ordained, That it is necessary to 
acquire, by purchase e£ OR by condemnation, for urban re- 
newal purposes, the fee simple interest or any lesser interest 
in and to certain properties or portions thereof, together 
with all right, title, interest, and estate that the owner or 
owners of said property interest may have in all streets, 
alleys, ways or lanes, public or private, both abutting the 
whole area described and/or contained within the perimeter 
of said area, situate in Baltimore City, Maryland, and de- 
scribed as follows: 

1010 N. Calhoun Street 

901 N. Fulton Avenue 
903 N. Fulton Avenue 
905 N. Fulton Avenue 
907 N. Fulton Avenue 
909 N. Fulton Avenue 



256 ORDINANCES Ord. No. 701 

911 N. Fulton Avenue 
913 N. Fulton Avenue 
915 N. Fulton Avenue 
917 N. Fulton Avenue 
919 N. Fulton Avenue 
921 N. Fulton Avenue 
923 N. Fulton Avenue 
925 N. Fulton Avenue 
927 N. Fulton Avenue 
929 N. Fulton Avenue 

1125 N. Gilmor Street 

1127 N. Gilmor Street 

1131 N. Gilmor Street 

1137 N. Gilmor Street 

1704 McKean Avenue 

1101 N. Monroe Street 

1013 N. Mount Street 
1015 N. Mount Street 
1023 N. Mount Street 
1103 N. Mount Street 
1107 N. Mount Street 
1109 N. Mount Street 
1111 N. Mount Street 
1113 N. Mount Street 

1301 N. STRICKER STREET 
1303 N. STRICKER STREET 
1305 N. STRICKER STREET 
1307 N. STRICKER STREET 
1309 N. STRICKER STREET 
1311 N. STRICKER STREET 
1313 N. STRICKER STREET 

LOT 86, BLOCK 35, SECTION 10, WARD 15 
LOT 87, BLOCK 35, SECTION 10, WARD 15 

Sec. 3. And be it further ordained, That it may be neces- 
sary to acquire, by purchase or by condemnation, for urban 
renewal purposes, the fee simple interest e£ OR any lesser 
interest in and to such of the remaining properties or 
portions thereof, together with all right, title, interest, 



ORDINANCES 257 

and estate that the owner or owners of said property in- 
terests may have in all streets, alleys, ways or lanes, public 
or private, both abutting the whole area described and/or 
contained within the perimeter of said area in Sandtown- 
Winchester not specifically designated for acquisition in 
Section 2 of this ordinance, as may be deemed necessary 
and proper by the Commissioner of the Department of 
Housing and Community Development to effect the proper 
implementation of the project. These properties may in- 
clude: 

(a) any property in the project area containing a non- 
salvable structure, i.e., a structure which in the opinion 
of the Commissioner of the Department of Housing and 
Community Development cannot be economically rehabili- 
tated. 

(b) any property the owner of which is unable or un- 
willing to comply or conform to the codes and ordinances 
of Baltimore City within 12 months from the date of writ- 
ten notice of the required improvements, the Department 
of Housing and Community Development, after due con- 
sideration that the property owner has failed to achieve 
substantial conformity with the codes and ordinances of 
Baltimore City, may acquire such property pursuant to 
the Eminent Domain Law of this State as if the property 
had originally been planned for acquisition after 90 days 
written notice to the owner. The Department of Housing 
and Community DEVELOPMENT reserves the right to 
acquire any such non-complying property for a period of 
two (2) years from the date of said written 90 days notice 
by the Department of Housing and Community Develop- 
ment. 

Sec. 4. And be it further ordained, That it may be neces- 
sary to acquire by purchase or by condemnation for urban 
renewal purposes the fee simple interest, or any lesser in- 
terest, in and to such of the remaining properties or 
portions thereof, together with all right, title, interest, and 
estate that the owner or owners of said property interests 
may have in all streets, alleys, ways or lanes, public or 
private, abutting said properties in Sandtown-Winchester 
not designated for acquisition in addition to those proper- 



258 ORDINANCES Ord. No. 701 

ties enumerated in Sections 2 and 3 of this ordinance, in 
order to carry out rehabilitation by the Department of 
Housing and Community Development because: 

(a) it is necessary to make residential structures avail- 
able for use for low- and moderate-income families; or 

(b) rehabilitation on a structure-by-structure basis is 
infeasible and assemblage of a group of properties is re- 
quired to carry out the objectives set forth in the Plan; or 

(c) rehabilitation of individual, scattered properties 
is necessary in order to remove blighting influences from 
otherwise sound residential blocks. 

i . 

Sec. 5. And be it further ordained, That upon acquisi- 
tion of the properties mentioned in Sections 3 and 4 of this 
ordinance, the Department of Housing and Community 
Development will either: 

(a) demolish the structure or structures thereon and 
dispose of the land for redevelopment for uses in accord- 
ance with the Plan ; or 

(b) sell or lease the property subject to rehabilitation 
in conformance with the codes and ordinances of Baltimore 
City; or 

(c) rehabilitate the property in conformance with the 
codes and ordinances of Baltimore City and dispose of the 
property in accordance with the applicable regulations. If 
sale cannot be consummated by the time rehabilitation is 
accomplished, the property may be rented pending con- 
tinuing sale efforts. 

Sec. 6. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such persons and in such manner as the Board of Esti- 
mates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter 
from time to time designate, is or are authorized to acquire 
on behalf of the Mayor and City Council of Baltimore and 
for the purposes described in this ordinance, the fee simple 
interest or any lesser interest in and to the properties or 
portions thereof hereinabove mentioned. If the Real Estate 
Acquisition Division of the Department of the Comptroller, 



ORDINANCES 259 

or such person or persons and in such manner as the 
Board of Estimates, in the exercise of the power vested in 
it by Article V, Section 5, of the Baltimore City Charter, 
may hereafter from time to time designate, is or are un- 
able to agree with the owner or owners on the purchase 
price for said properties or portions thereof, it or they 
shall forthwith notify the City Solicitor of Baltimore City, 
who shall thereupon institute in the name of the Mayor 
and City Council of Baltimore the necessary legal pro- 
ceedings to acquire by condemnation the fee simple interest 
or any lesser interest in and to said properties or portions 
thereof. 

Sec. 7. And be it further ordained, That all plans for 
new construction (including parking lots), exterior reha- 
bilitation, or change in use on any property not to be 
acquired under the provisions of the Plan shall be sub- 
mitted to the Department of Housing and Community 
Development for review. Only upon finding that the pro- 
posed plans are consistent with the objectives of the Urban 
Renewal Plan shall the Commissioner of the Department 
of Housing and Community Development authorize the 
processing of the plans for issuance of a building permit. 
The provisions of this section are in addition to and not in 
lieu of all other applicable laws and ordinances relating to 
new construction. 

Sec. 8. And be it further ordained, That all applications 
for demolition permits shall be submitted to the Depart- 
ment of Housing and Community Development for review 
and approval. Upon finding that the proposed demolition 
is consistent with the objectives of the urban renewal plan, 
the Commissioner of the Department of Housing and Com- 
munity Development shall authorize the issuance of the 
necessary permit. If the Commissioner finds that the pro- 
posal is inconsistent with the objectives of the urban re- 
newal plan and therefore denies the issuance of the permit, 
within 90 days of such denial, he shall seek approval of the 
Board of Estimates to acquire for and on behalf of the 
Mayor and City Council of Baltimore the property, in whole 
or in part, on which said demolition was to have occurred 
by purchase, lease, condemnation, gift, or other legal means 
for the renovation, rehabilitation and disposition thereof. 



260 ORDINANCES Ord. No. 701 

In the event that the Board of Estimates does not authorize 
the acquisition, the Commissioner shall, without delay, issue 
the demolition permit. 

Sec. 9. And be it further ordained, That in selling or 
otherwise disposing of property in the Sandtown-Win- 
chester area, the Department of Housing and Community 
Development shall require that the developers agree in 
writing not to discriminate in the sale, lease, use or occu- 
pancy of the property developed by them against any 
person because of race, creed, color, sex, or national origin. 

Sec. 10. And be it further ordained, That in whatever 
respect, if any, the Renewal Plan approved hereby for the 
Sandtown-Winchester area may not meet the requirements 
as to the content of a Renewal Plan or the procedure for 
the preparation, adoption, and approval of Renewal Plans 
as provided in ORDINANCE NO. 152, APPROVED JUNE 
28, 1968, AS AMENDED BY Ordinance No. 325, approved 
May 31, 1977, the said requirements are hereby waived 
and the Renewal Plan approved hereby is exempted there- 
from. 

Sec. 11. And be it further ordained, That in the event 
it be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance, 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall 
not be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part or the appli- 
cation thereof so held invalid. 

Sec. 12. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, 
building, electrical, plumbing, health, fire or safety ordi- 
nance or code or regulation, the applicable provisions con- 
cerned shall be construed so as to give effect to each; pro- 
viding, however, that if such provisions are found to be 
in irreconcilable conflict, the provision which establishes 



ORDINANCES 261 

the higher standard for the promotion and protection of 
the public health and safety shall prevail. In any case where 
a provision of this ordinance is found to be in conflict 
with an existing provision of any other ordinance or code 
or regulation in force in the City of Baltimore which estab- 
lishes a lower standard for the promotion and protection 
of the public health and safety, the provision of this ordi- 
nance shall prevail, and the other existing provision of such 
other ordinance or code or regulation is hereby repealed to 
the extent that it may be found in conflict with this 
ordinance. 

SBC. 13. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 702 
(Council No. 1452) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in ac- 
cordance with Article V, Section 5(b) of the City 
Charter, all of the interest of the Mayor and City 
Council of Baltimore in and to those parcels of land 
known as a portion of a 10 foot alley laid out 100 feet 
northwest of Langley Street and contiguous to the south- 
east side thereof and extending from a 10 foot alley laid 
out 100 feet east of Maisel Street, northeasterly 2 feet, 
more or less, and a portion of a 10 foot alley laid out 100 
feet northwest of Langley Street and contiguous to the 
northwest side thereof and extending from the south- 
west outline of the Western Maryland Railroad Right of 
Way, southwesterly 68 feet, Baltimore, Maryland, said 
property being no longer needed for public use. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 



262 ORDINANCES Ord. No. 702 

and he is hereby authorized to sell at either public or pri- 
vate sale in accordance with Article V, Section 5(b) of the 
City Charter, all of the interest of the Mayor and City 
Council of Baltimore in and to those parcels of land situate 
in Baltimore, Maryland, and described as follows : 

BEGINNING for the first at the point formed by the 
intersection of the southeast side of a 10 foot alley laid out 
100 feet northwest of Langley Street, as now laid out 50 
feet wide, and the east side of a 10 foot alley laid out 100 
feet east of Maisel Street, as now laid out 50 feet wide and 
running thence binding on the east side of last said 10 foot 
alley, Northerly 3 feet to intersect the line of the southwest 
outline of the property known as 2220 Langley Street, if 
projected northwesterly; thence binding reversely on said 
line so projected, Southeasterly 2 feet, more or less, to in- 
tersect the southeast side of the 10 foot alley mentioned 
firstly herein, and thence binding on the southeast side of 
the 10 foot alley mentioned firstly herein, Southwesterly 2 
feet, more or less, to the place of beginning. 

BEGINNING for the second at the point formed by the 
intersection of the northwest side of a 10 foot alley laid out 
100 feet northwest of Langley Street and the southwest 
outline of the Western Maryland Railroad Right of Way; 
thence binding on the southwest outline of said Western 
Maryland Railroad Right of Way, Southeasterly 4 feet to 
intersect a line drawn parallel with and distant 4.00 feet 
southeasterly, measured at right angles from the northwest 
side of said 10 foot alley; thence binding on said line so 
drawn, Southwesterly 23 feet; thence binding on a line 
drawn at a right angle to said line so drawn, Southeasterly 
1 foot to intersect a line drawn parallel with and distant 
5.00 feet southeasterly, measured at right angles from the 
northwest side of said 10 foot alley ; thence binding on last 
said line so drawn, Southwesterly 45 feet; thence binding 
on a line drawn at a right angle to last said line so drawn, 
Northwesterly 5 feet to intersect the northwest side of said 
10 foot alley and thence binding on the northwest side of 
said 10 foot alley, Northeasterly 68 feet to the place of 
beginning. 

Said property being no longer needed for public use. 



ORDINANCES 263 

SEC. 2. Be it further ordained, That no deed or deeds shall 
pass in accordance herewith until the same shall have been 
first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 703 
(Council No. 1456) 

An Ordinance to amend the Renewal Plan for the Johnson 
Square Urban Renewal Project, which Plan was approved 
by Ordinance No. 357, dated June 27, 1977 to, among 
other things, (1) change the name of the Urban Renewal 
Area from "JOHNSON" Square to "JOHNSTON" 
Square; (2) authorize the acquisition by purchase or by 
condemnation by the Mayor and City Council of Balti- 
more, for urban renewal purposes, of certain properties ; 
(3) create certain new disposition parcels and corre- 
sponding standards and controls; (4) change the land 
use of certain properties from Residential to Community 
Commercial; AND OF 501 E. PRESTON STREET 
FROM INDUSTRIAL TO RESIDENTIAL; (5) pro- 
vide that the approval of said Renewal Plan is not an 
enactment of any of the amendments to the Zoning Ordi- 
nance proposed therein; (6) revise certain exhibits at- 
tached to said Plan to indicate the changes provided 
herein; and (7) provide for the effective date hereof. 

Whereas, a Renewal Plan for the Johnson Square proj- 
ect was approved by the Mayor and City Council of Balti- 
more by Ordinance No. 357, dated June 27, 1977 ; and 

Whereas, pursuant to Section 26, Article 13, of the 
Baltimore City Code (1966 Edition), as amended by Ordi- 
nance No. 152 approved June 28, 1968 and Ordinance No. 
325 approved May 31, 1977, no substantial change or 



264 ORDINANCES Ord. No. 703 

changes shall be made in any renewal plan, after approval 
by ordinance, without such change or changes first being 
adopted and approved in the same manner as set forth in 
said Section 26 for the approval of a renewal plan, namely 
the preparation of such change or changes by the Depart- 
ment of Housing and Community Development, the ap- 
proval of such change or changes by the Director of the 
Department of Planning, and approval and adoption by an 
ordinance of the Mayor and City Council of Baltimore after 
a public hearing in relation thereto, all in the manner 
set forth in said Section 26; and 

Whereas, said Amendment No. 1 to the Renewal Plan for 
Johnson Square has been approved by the Director of the 
Department of Planning on February 8, 1978 with respect 
to its conformity as to the Master Plan ; the detailed location 
of any public improvements proposed in the amended Re- 
newal Plan ; its conformity to the rules and regulations for 
subdivisions; and all zoning changes proposed in the 
amended Renewal Plan ; and said Amendment No. 1 to the 
Renewal Plan has been approved and recommended to the 
Mayor and City Council of Baltimore by the Commissioner 
of the Department of Housing and Community Develop- 
ment on February 9, 1978 ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the following amendments and changes 
to the Renewal Plan for the Johnson Square Urban Re- 
newal Project, having been duly reviewed and considered, 
are hereby approved and the Clerk of the City Council is 
hereby directed to file a copy of said Renewal Plan revised 
to include Amendment No. 1, dated January 25, 1978, with 
the Department of Legislative Reference as a permanent 
public record and make the same available for public in- 
spection and information. 

1. Change the spelling from "JOHNSON" Square to 
"JOHNSTON" Square as it appears throughout the Urban 
Renewal Plan text and exhibits. 

2. In the Table of Contents, page i, change the title of 
paragraph reference B.l.c. from "Wholesale/ Service Com- 
mercial" to "Commercial" ; on page ii of the Table of Con- 
tents, add "APPENDIX B: PROPERTIES FOR ACQUI- 



ORDINANCES 265 

SIT I ON AND DISPOSITION FOR REHABILITATION", 

and under the section entitled "EXHIBITS", add ", dated 
2/16/77 as revised 1/25/78" beside each of the four 
exhibits. 

3. In Section B.I., entitled "Permitted Land Use", page 
3, line 14, and Section B.l.c, page 4, lines 7 and 8, change 
"Wholesale/Service Commercial" to "Commercial". 

4. In Section B.l.e., entitled "Non-Conforming Uses", 
page 4, line 27, add the following after the word "estab- 
lished" : 

"between the date of the survey on which Appendix A 
is based and the approval of this Plan AS IT MAY BE 
SUBSEQUENTLY AMENDED by the Mayor and City 
Council of Baltimore". 

5. In Section B.2.a.(4), entitled "Provisions Applicable 
to Land and Property to be Acquired for Clearance and Re- 
development", page 6, add paragraphs "(c)" and "(d)", as 
follows : 

"(c) Disposition Lot 2 — Commercial 

The use of Disposition Lot 2 shall be limited to a paved 
service area for the storage of transfer trucks and acces- 
sory equipment. 

(d) Disposition Lot 2 A — Commercial 

The use of Disposition Lot 2A shall be limited to a side 
yard for adjacent property." 

6. In Section C.l.a.M2), entitled "Rehabilitation by 
the Department of Housing and Community Development 
or others", subparagraph "(a)", line 19 on page 8, change 
the word "and" to "or". 

7. In Section C.4.a.(2), entitled "Land not to be Ac- 
quired", on page 9, add "and (3)" after "B.2.b.(2)". 

8. In Section C.6., entitled "Zoning" page 10, line 25, 
delete lines 26 and 27 and add "All appropriate provisions 
of the Zoning Ordinance of Baltimore City shall apply to 
properties in Johnston Square. In order to implement the 
Urban Renewal Plan, zoning district changes as designated 
on Exhibit 4, Zoning Districts Map, will be required. These 
changes will require an amendment to the Zoning Ordi- 



266 ORDINANCES Ord. No. 703 

nance. Action to this effect will be initiated during the 
execution of this Plan." 

9. Delete Appendix A, entitled "NON-CONFORMING 

USES", pages 12 and 13, and insert in lieu thereof revised 
Appendix A. 

10. Add Appendix B, entitled "PROPERTIES FOR 
ACQUISITION AND DISPOSITION FOR REHABILI- 
TATION", pages 14 and 15. 

11. Delete Exhibits 1 through 4, dated "2/16/77" from 
the Plan and insert in lieu thereof revised Exhibits 1 
through 4, dated "1/25/78". 

Sec. 2. And be it further ordained, That it is necessary 
to acquire, by purchase or by condemnation, for urban 
renewal purposes, the fee simple interest or any lesser in- 
terest in and to certain properties or portions thereof, 
together with all right, title, interest, and estate that the 
owner or owners of said property interests may have in all 
streets, alleys, ways or lanes, public or private, both abut- 
ting the whole area described and/or contained within the 
perimeter of said area, situate in Baltimore City, Mary- 
land, and described as follows : 



703 


E. Biddle Street 


706 


E. Biddle Street 


708 


E. Biddle Street 


709 


E. Biddle Street 


719 


E. Biddle Street 


724 


E. Biddle Street 


732 


E. Biddle Street 


1003 


N. Central Avenue 


1004-06 N. Central Avenue 


1005 


N. Central Avenue 


1007 


N. Central Avenue 


1009 


N. Central Avenue 


1011 


N. Central Avenue 


1013 


N. Central Avenue 


1015 


N. Central Avenue 


1017 


N. Central Avenue 


1019 


N. Central Avenue 


1021 


N. Central Avenue 



ORDINANCES 267 



1022 


N. Central Avenue 


1023 


N. Central Avenue 


1024 


N. Central Avenue 


1025 


N. Central Avenue 


1026 


N. Central Avenue 


1029 


N. Central Avenue 


1030 


N. Central Avenue 


1031 


N. Central Avenue 


1033 


N. Central Avenue 


1035 


N. Central Avenue 


1036 


N. Central Avenue 


1037 


N. Central Avenue 


1039 


N. Central Avenue 


1041 


N. Central Avenue 


1043 


N. Central Avenue 


1045 


N. Central Avenue 


1046 


N. Central Avenue 


1049 


N. Central Avenue 


1051 


N. Central Avenue 


1053 


N. Central Avenue 


1209 


Greenmount Avenue 


1211 


Greenmount Avenue 


1225 


Greenmount Avenue 


1227 


Greenmount Avenue 


1229 


Greenmount Avenue 


1231 


Greenmount Avenue 


1233 


Greenmount Avenue 


1022 


Homewood Avenue 


1024 


Homewood Avenue 


1026 


Homewood Avenue 


1028 


Homewood Avenue 


1202 


Homewood Avenue 


707 


Mura Street 


711 


Mura Street 


715 


Mura Street 


721 


Mura Street 


727 


Mura Street 


714 


E. Preston Street 


716 


E. Preston Street 


721 


E. Preston Street 



268 ORDINANCES Ord. No. 703 

1300 Wirton Street 
1302 Wirton Street 
1304 Wirton Street 

Sec. 3. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore City Charter, may 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and City Council of 
Baltimore and for the purposes described in this ordinance, 
the fee simple interest or any lesser interest in and to the 
properties or portions thereof hereinabove mentioned. If 
the said Real Estate Acquisition Division of the Depart- 
ment of the Comptroller, or such person or persons, and in 
such manner as the Board of Estimates in the exercise of 
the power vested in it by Article V, Section 5, of the Balti- 
more City Charter, may hereafter from time to time desig- 
nate, is or are unable to agree with the owner or owners 
on the purchase price for said properties or portions 
thereof, it or they shall forthwith notify the City Solicitor 
of Baltimore City, who shall thereupon institute in the 
name of the Mayor and City Council of Baltimore, the nec- 
essary legal proceedings to acquire by condemnation the 
fee simple interest or any lesser interest in and to said 
properties or portions thereof. 

Sec. 4. And be it further ordained, That the approval of 
Amendment No. 1 to the Urban Renewal Plan for Johnson 
Square shall not be construed as an enactment of such 
amendments to the Zoning Ordinance as are proposed in 
said Urban Renewal Plan. 

Sec. 5. And be it further ordained, That in whatever 
respect, if any, the amended Renewal Plan approved hereby 
for the Johnson Square Urban Renewal project may not 
meet the requirements as to the content of a renewal plan 
or the procedures for the preparation, adoption, and ap- 
proval of renewal plans, as provided in Ordinance No. 152 
approved June 28, 1968, and Ordinance No. 325 approved 
May 31, 1977, the said requirements are hereby waived and 



ORDINANCES 26? 

the amended Renewal Plan approved hereby is exempted 
therefrom. 

Sec. 6. And be it further ordained, That in the event it 
be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected thereby, the Mayor and City Council hereby 
declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part or the applica- 
tion thereof so held invalid. 

SEC. 7. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, building, 
electrical, plumbing, health, fire or safety ordinance or code 
or regulation, the applicable provisions concerned shall be 
construed so as to give effect to each; provided, however, 
that if such provisions are found to be in irreconcilable 
conflict, the provision which establishes the higher stand- 
ard for the promotion of the public health and safety shall 
prevail. In any case where a provision of this ordinance is 
found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City of 
Baltimore which establishes a lower standard for the pro- 
motion and protection of the public health and safety, the 
provision of- this ordinance shall prevail, and the other 
existing provision of such other ordinance or code or regu- 
lation is hereby repealed to the extent that it may be found 
in conflict with this ordinance. 

Sec. 8. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 25, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



270 ORDINANCES Ord. No. 704 

No. 704 
(Council No. 1473) 

An Ordinance authorizing and providing for the issuance 
and sale by Mayor and City Council of Baltimore of its 
industrial development revenue bond, to be designated 
"City of Baltimore, Maryland Industrial Development 
Revenue Bond (Ansam Metals Corporation Project)", in 
the principal amount of $750,000, pursuant to the provi- 
sions of Sections 266A to 266-1, inclusive, of Article 41 
of the Annotated Code of Maryland (1971 Rep. Vol., 1977 
Cum. Supp.), as amended, in order to loan the proceeds 
thereof to Ansam Metals Corporation, a Maryland cor- 
poration, for the sole and exclusive purpose of financing 
the acquisition by Ansam Metals Corporation of certain 
industrial buildings in the City of Baltimore, as provided 
in this Ordinance; making certain legislative findings, 
among others, concerning the public benefit and purpose 
of such industrial development revenue bond; providing 
that such industrial development revenue bond (a) shall 
be payable solely and only from (i) revenue derived from 
payments by Ansam Metals Corporation to Mayor and 
City Council of Baltimore on account of such loan, (ii) 
any and all moneys realized from the sale of collateral 
(including such industrial buildings) for such loan, and 
(iii) any and all moneys received under the guaranty 
agreement hereinafter mentioned, and (b) shall not ever 
constitute, within the meaning of any constitutional or 
charter provision or otherwise, (i) an indebtedness of 
Mayor and City Council of Baltimore or of any other polit- 
ical subdivision, or (ii) a charge against the general credit 
or taxing powers of Mayor and City Council of Baltimore ; 
authorizing the private (negotiated) sale of such in- 
dustrial development revenue bond; prescribing certain 
details pertaining to such industrial development revenue 
bond, including (without limitation) (a) the amount, date 
and maturity thereof, (b) the interest rate to be paid 
thereon, (c) the prepayment provisions relating thereto, 
(d) the form and tenor thereof, and (e) the terms and 
conditions thereof and security therefor; approving the 
form and contents, and authorizing the execution and 
delivery, of various documents necessary to effectuate 



ORDINANCES 271 

the aforementioned borrowing and lending, including (a) 
such industrial development revenue bond, (b) the loan 
agreement between Mayor and City Council of Baltimore 
and Ansam Metals Corporation evidencing the aforesaid 
loan, (c) the assignment by which Mayor and City Coun- 
cil of Baltimore assigns its rights in and to the loan 
agreement and the deed of trust referred to below as 
security for such industrial development revenue bond, 
(d) the trust agreement between Ansam Metals Cor- 
poration and certain individual trustees designated by the 
purchaser of such industrial development revenue bond 
pursuant to which the proceeds of such loan are to be 
deposited in trust and held, invested and disbursed by 
such individual trustees as therein provided; describing 
and authorizing approval of various other documents 
necessary to secure and guarantee the aforementioned 
borrowing, including (a) the deed of trust between Ansam 
Metals Corporation and certain individual trustees desig- 
nated by the purchaser of such industrial development 
revenue bond, covering such industrial buildings and the 
land appurtenant thereto as security for such loan, and 
(b) the guaranty agreement to be executed and delivered 
by Ansam Metals Corporation, pursuant to which Ansam 
Metals Corporation fully and unconditionally guarantees 
the payment of the principal of and interest on such in- 
dustrial development revenue bond; and generally pro- 
viding for and determining various matters in connection 
with the authorization, issuance, security, sale, and pay- 
ment of such industrial development revenue bond. 

RECITALS 

Sections 266A to 266-1, inclusive, of Article 41, of the 
Annotated Code of Maryland (1971 Rep. Vol., 1977 Cum. 
Supp.), as amended, (the "Act") empowers all counties 
and municipalities of the State of Maryland to issue 
revenue bonds and to loan the proceeds of the sale of 
such revenue bonds to an industrial concern to finance 
the acquisition (as defined in the Act) by such industrial 
concern of industrial buildings (as defined in the Act). 
The Act declares it to be the legislative purpose to re- 
lieve conditions of unemployment in the State, to encour- 
age the increase of industry and a balanced economy in 



272 ORDINANCES Ord. No. 704 

the State, to assist in the retention of existing industry 
in the State through the control, reduction or abatement 
of pollution of the environment (where proceeds of the 
bonds are used for that purpose), to promote economic 
development, to protect natural resources and in this 
manner to promote the health, welfare and safety of the 
residents of each of the counties and municipalities of the 
State of Maryland. 

Mayor and City Council of Baltimore (the "City") has 
determined to issue and sell its City of Baltimore, Mary- 
land Industrial Development Revenue Bond (Ansam 
Metals Corporation Project), in the principal amount of 
$750,000 (the "Bond"), and to loan the proceeds of the 
Bond to Ansam Metals Corporation, a Maryland corpora- 
tion (the "Company"), and an industrial concern as men- 
tioned in the Act, on the terms and conditions set forth 
in the Loan Agreement to be entered into by and between 
the City and the Company (the "Loan Agreement"), as 
provided by this Ordinance (such loan being herein re- 
ferred to as the "Loan"), in order to finance the acquisi- 
tion (within the meaning of the Act) by the Company 
of certain industrial buildings (within the meaning of the 
Act) in the City of Baltimore (the "Industrial Build- 
ings"), in order to relieve conditions of unemployment in 
the State of Maryland and in the City of Baltimore, and 
thus encourage economic development, and to protect the 
health, welfare and safety of the citizens of the State of 
Maryland and the City of Baltimore. 

The Bond will be sold at private (negotiated) sale to 
The Equitable Trust Company, a Maryland banking cor- 
poration (the "Bank"). 

The Company will execute and deliver to the Bank as 
agent for the holder of the Bond (hereinafter defined) 
(a) a Deed of Trust between the Company and certain 
individual trustees designated by the Bank (the "Deed of 
Trust"), conveying the Industrial Buildings and the land 
appurtenant thereto to such trustees as security for the 
Loan; and (b) a Guaranty Agreement pursuant to which 
the Company will fully and unconditionally guarantee to 
the Bank as agent for the holder of the Bond the payment 
of the principal of and interest on the Bond. 



ORDINANCES 273 

In order to insure that the proceeds of the Bond (and 
the Loan) will be used for the purposes set forth in the 
Act, the Company will enter into a Trust Agreement with 
certain individual trustees designated by the Bank (the 
"Trust Agreement"), pursuant to which the proceeds of 
the Loan will be deposited with such trustees and held, 
invested and disbursed by such trustees as therein 
provided. 

This Ordinance authorizes and empowers the City to 
enter into and consummate a transaction which the Com- 
pany proposed to the City in accordance with Section 
266B(d) of the Act by a letter of intent dated December 
9, 1977, which letter of intent was approved by the 
Board of Estimates of the City and accepted by the 
Mayor of the City on February 1, 1978, subject to the 
passage of this Ordinance. 

NOW, THEREFORE, in accordance with the terms and 
provisions of the Act and the Charter of Mayor and City 
Council of Baltimore: 



Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Act, it is hereby 
found and determined as follows : 

(1) The issuance and sale of the Bond by the City pur- 
suant to the Act in order to lend the proceeds thereof to 
the Company for the sole and exclusive purpose of financing 
the acquisition (within the meaning of the Act) of the 
Industrial Buildings will facilitate and expedite the acqui- 
sition of the Industrial Buildings by the Company; 

(2) The acquisition of the Industrial Buildings by the 
Company and the financing thereof as provided in this Ordi- 
nance will promote the declared legislative purposes of the 
Act by (a) sustaining jobs and employment, thus relieving 
conditions of unemployment in the State of Maryland and 
in the City of Baltimore; (b) encouraging the increase of 
industry and a balanced economy in the State of Maryland 
and in the City of Baltimore; (c) assisting in the retention 
of existing industry in the State of Maryland and in the 
City of Baltimore; (d) promoting economic development; 
and (e) promoting the health, welfare and safety of the 



274 ORDINANCES Ord. No. 704 

residents of the City of Baltimore and of the State of 
Maryland. 

(3) In addition to authorizing the City itself to acquire 
the Industrial Buildings and either to lease or to sell the 
same to the Company, the Act as an alternative procedure, 
also authorizes industrial building financing to be accom- 
plished in the form of a loan to the Company. The loan form 
of transaction avoids indirect costs and burdens on the City 
by not requiring any direct involvement by the City in the 
acquisition, ownership or administration of the Industrial 
Buildings, while permitting ample controls to be imposed 
on the use of the proceeds of the Bond to insure that the 
public purposes of the Act and the Bond are fully accom- 
plished. It is, therefore, in the best interests of the citizens 
of the City, to finance the acquisition of the Industrial 
Buildings by a loan to the Company. This Ordinance con- 
templates and authorizes a transaction in the form of a loan 
of the proceeds of the Bond by the City to the Company, 
rather than a transaction in the form of a lease or sale of 
the Industrial Buildings. Accordingly, this Ordinance, to- 
gether with the Loan Agreement authorized hereby, con- 
tains such provisions as the City deems appropriate to effect 
the financing of the acquisition by the Company of the 
Industrial Buildings by the loan form of transaction. 

(4) Neither the Bond, nor the interest thereon, will 
constitute (a) a general obligation of the City, or (b) a 
charge against, or pledge of the general credit or taxing 
powers of the City, or (c) a debt of the City, all within the 
meaning of Section 7 of Article XI of the Constitution of 
Maryland or any other constitutional, statutory or charter 
provision or limitation, and neither shall ever constitute or 
give rise to any pecuniary liability on the part of the City. 
The principal of and interest on the Bond shall be payable 
from, and secured by, (a) an assignment of (i) the revenues 
realized, and the collateral pledged, under the Loan Agree- 
ment and (ii) the City's right, title and interest in and to, 
and remedies under the Deed of Trust. The principal amount 
of the Loan and the repayments to be made by the Company 
pursuant to the Loan Agreement authorized hereby will be 
paid directly to the Bank to be held and disbursed by the 
Bank as agent for the holder of the Bond as provided in this 



ORDINANCES 275 

Ordinance. No such moneys will be commingled with the 
City's funds or will be subject to the absolute control of the 
City, but only to such limited supervision and checks as are 
deemed necessary or desirable by the City to insure that 
the proceeds of the Bond are used to accomplish the public 
purposes of the Act and this Ordinance. The transactions 
authorized hereby do not constitute the acquisition of prop- 
erty for public use or the purchase of equipment for public 
use. The public purposes expressed in the Act are to be 
achieved by facilitating the acquisition of the Industrial 
Buildings by the Company. 

(5) The City will acquire no interest in the Industrial 
Buildings other than the interest granted under the Deed 
of Trust and any general interest in the Company's prop- 
erty shared by all holders of the Company's obligations 
which rank and are secured equally with the Company's 
obligation pursuant to the Loan Agreement. The security 
for the Bond shall be solely and exclusively (a) the abso- 
lute, irrevocable and unconditional obligation of the Com- 
pany to make the payments required by the Loan Agreement, 
(b) moneys realized from any and all collateral (including 
the Industrial Buildings) pledged as security for the Loan, 
and (c) the full and unconditional guaranty by the Com- 
pany of the payment of the principal of and interest on the 
Bond. 

(6) None of the receipts and revenues of the City from 
the Loan Agreement shall be set aside as a depreciation 
account (mentioned in the Act), since neither the City nor 
the Bank desire, or are creating, any interest in the Indus- 
trial Buildings (other than the interest created under the 
Deed of Trust and any interest shared by all holders of the 
Company's obligations ranking on a parity with the Com- 
pany's obligation pursuant to the Loan Agreement). Such a 
depreciation account would (i) be inconsistent with the 
transaction authorized hereby, and (ii) place an unreason- 
able burden on the Company so as to adversely affect the 
feasibility of the transaction and thus frustrate the legis- 
lative purposes of the Act. 

(7) The best interests of the City will be served by 
selling the Bond to the Bank at private (negotiated) sale, 
as authorized by the Act, upon terms and conditions ap- 
proved by the City as set forth in this Ordinance. 



276 ORDINANCES Ord. No. 704 

Sec. 2. Be it further ordained, That the following terms 
shall have the following meanings for all purposes of this 
Ordinance, unless the context clearly otherwise requires: 

"Acquisition" or "acquisition" means, when used in re- 
gard to the Industrial Buildings, the acquisition of the In- 
dustrial Buildings as such meaning is intended in the Act, 
and shall include, v/here applicable, and without limitation, 
the purchase, construction, rehabilitation, remodeling, ex- 
tension, equipping and permanent improvement of the In- 
dustrial Buildings. 

"Act" means Chapter 352 enacted by the 1972 Session 
of the General Assembly of Maryland, as amended, being 
Sections 266A to 266-1, inclusive, of Article 41 of the Anno- 
tated Code of Maryland (1971 Rep. Vol., 1977 Cum. Supp.), 
as amended. 

"Assignment" means the Assignment by which the City 
assigns to the Bank as agent for the holder of the Bond 
all of its right, title and interest in and to, and remedies 
under, the Loan Agreement and moneys due and to become 
due thereunder, and all collateral pledged thereunder, and 
all of its right, title and interest in and to, and remedies 
under, the Deed of Trust, all as set forth therein, which 
Assignment shall be substantially in the form set forth 
in Section 12 of this Ordinance. 

"Bank" means The Equitable Trust Company, a Mary- 
land banking corporation, its successors and, except for a 
subsequent purchaser of the Bond, its assigns. 

"Bank as agent for the holder of the Bond" means the 
Bank acting in its fiduciary capacity as agent for the holder 
of the Bond, performing the functions described in this 
Ordinance and in the Assignment. 

"Bond" means the City's City of Baltimore, Maryland 
Industrial Development Revenue Bond (Ansam Metals Cor- 
poration Project) in the principal amount of $750,000 to 
be issued and sold pursuant to this Ordinance without pe- 
cuniary liability on the part of the City as therein set forth, 
which Bond shall be substantially in the form set forth in 
Section 3 of this Ordinance. In the event the Bond is at any 
time exchanged for serial bonds as set forth in Section 9 



ORDINANCES 277 

of this Ordinance, then, and in that event, the term "Bond" 
shall mean such serial bonds. 

"City" means Mayor and City Council of Baltimore, a 
body politic and corporate and a political subdivision of the 
State of Maryland, its successors and assigns. 

"Company" means Ansam Metals Corporation, a Mary- 
land corporation, its successors and permitted assigns. 

"Deed of Trust" means the first lien Deed of Trust to be 
dated as of the date of delivery of the Bond, between the 
Company and certain individual trustees designated by the 
Bank, covering the Industrial Buildings and the land ap- 
purtenant thereto as security for the Loan, which Deed of 
Trust shall be in a form and contain such provisions as the 
Mayor of the City shall approve, as set forth in Section 14 
of this Ordinance. 

"Guaranty Agreement" means the Guaranty Agreement to 
be dated as of the date of delivery of the Bond, to be exe- 
cuted and delivered to the Bank by the Company whereby 
the Company fully and unconditionally guarantees to the 
Bank as agent for the holder of the Bond the payment of 
the principal of and interest on the Bond. The Guaranty 
Agreement shall be in such form and contain such provi- 
sions as the Mayor of the City shall approve, as set forth 
in Section 15 of this Ordinance. 

"Holder of the Bond" or "holder of the Bond" means the 
registered owner of the Bond, which may be the Bank. 

"Industrial Buildings" means the Industrial Buildings, 
and is intended to have the meaning ascribed to the term 
"industrial buildings" in the Act, which Industrial Build- 
ings are more particularly described in Exhibit A attached 
to, and made a part of, the Loan Agreement. 

"Loan" means the Loan in the principal amount of 
$750,000 made by the City to the Company and evidenced 
by and described in the Loan Agreement. 

"Loan Agreement" means the Loan Agreement to be 
dated as of the date of delivery of the Bond, between the 
City and the Company evidencing and securing the Loan, 
which Loan Agreement shall be substantially in the form 
set forth in Section 11 of this Ordinance. 



278 ORDINANCES Ord. No. 704 

"Ordinance" means this Ordinance. 

"Trust Agreement" means the Trust Agreement to be 
dated as of the date of delivery of the Bond, between the 
Company and certain individual trustees designated by the 
Bank, pursuant to which the proceeds of the Loan are to 
be deposited in trust with the Trustees (hereinafter de- 
fined), and held, invested and disbursed by the trustees as 
therein provided, which Trust Agreement shall be sub- 
stantially in the form set forth in Section 13 of this 
Ordinance. 

"Trustees" means the individual trustees designated by 
the Bank and acting as Trustees under the Trust Agree- 
ment, or their successors in trust who may be acting under 
and pursuant to the Trust Agreement from time to time. 

Sec. 3. Be it further ordained, That, subject to the pro- 
visions of this Ordinance, the City is authorized and em- 
powered, pursuant to the Act, to issue and sell its City of 
Baltimore, Maryland Industrial Development Revenue Bond 
(Ansam Metals Corporation Project) in the principal 
amount of $750,000, such Bond to be solely and exclusively 
payable from the revenue derived by the City from pay- 
ments on the Loan by the Company, and secured by the 
Assignment and the Guaranty Agreement, as provided 
herein. The Bond shall be designated "City of Baltimore, 
Maryland Industrial Development Revenue Bond (Ansam 
Metals Corporation Project)", and shall be dated as of 
March 1, 1978. 

The Bond shall bear interest on the unpaid principal 
amount thereof, commencing on the date of its delivery, 
at the rate of 7%% per annum (calculated on the basis of 
a 360-day year factor applied to actual days elapsed) ; pro- 
vided, however, that during any period in which the interest 
payable on the Bond is includible in the gross income (as 
defined in Section 61 of the Internal Revenue Code of 1954, 
as amended) of the holder of the Bond, the rate of interest 
payable on the unpaid principal amount of the Bond shall 
be the annual rate which is at all times equal to (a) the 
commercial prime rate of interest in effect at the Bank from 
time to time (floating), plus (b) 2%% per annum (calcu- 



ORDINANCES 279 

lated on the basis of a 360-day year factor applied to actual 
days elapsed). 

The principal of and interest on the Bond shall be payable 
in lawful money of the United States of America at the 
time of payment as follows : 

(a) interest on the outstanding principal balance shall 
be due and payable semi-annually on the first days of March 
and September in each year, commencing on September 1, 
1978, continuing to and including March 1, 1999, or until 
the principal amount shall have been paid in full ; 

(b) commencing on March 1, 1979, continuing to and 
including September 1, 1980, $47,000 of the principal amount 
shall be paid in 4 equal, consecutive semi-annual install- 
ments of $11,750 each, payable on the first days of March 
and September in each year ; 

(c) then, commencing on March 1, 1981, continuing to 
and including March 1, 1999, the remaining principal amount 
shall be paid in 37 equal, consecutive semi-annual install- 
ments of $19,000 each, payable on the first days of March 
and September in each year ; 

(d) the Bond will mature, and the entire unpaid bal- 
ance of the principal thereof and all accrued and unpaid 
interest thereon shall be due and payable on March 1, 1999; 
and 

(e) all payments received shall be applied first to in- 
terest and the balance to principal. 

The Bond, which may be printed or typewritten, shall be 
substantially in the following form, and the form, with 
such changes therein (including the prepayment record to 
be attached) as the Mayor of the City shall approve (such 
approval to be conclusively evidenced by the execution and 
delivery of the Bond by the Mayor of the City), and, all 
of the covenants and conditions therein contained, is hereby 
adopted by the City as and for the form and tenor of the 
obligation to be incurred by it, and such covenants and 
conditions, including the promise to pay therein contained, 
are hereby made binding upon the City. 



280 ORDINANCES Ord. No. 704 

FORM OF BOND 

$750,000 March 1, 1978 

UNITED STATES OF AMERICA 

STATE OF MARYLAND 

CITY OF BALTIMORE, MARYLAND 

INDUSTRIAL DEVELOPMENT REVENUE BOND 

(ANSAM METALS CORPORATION PROJECT) 

FOR VALUE RECEIVED, Mayor and City Council of 
Baltimore, a body politic and corporate and a political sub- 
division of the State of Maryland (the "City"), hereby 
promises to pay, solely from the special fund provided there- 
for as below set forth, to The Equitable Trust Company or 
its successor (the "Bank"), or its registered assigns, the 
principal sum of SEVEN HUNDRED FIFTY THOUSAND 
DOLLARS, with interest on the unpaid principal amount 

hereof from _ , 1978, at the rate of 7V 2 % Per 

annum (calculated on the basis of a 360-day year factor 
applied to actual days elapsed) ; provided, however, that 
during any period in which the interest payable on the 
Bond is validly includible in the gross income (as defined 
in Section 61 of the Internal Revenue Code of 1954, as 
amended) of the holder of the Bond, the rate of interest 
payable on the unpaid principal amount hereof shall be the 
annual rate which is at all time equal to (a) the commercial 
prime rate of interest in effect at the Bank from time to 
time (floating), plus (b) 2%% per annum (calculated 
on the basis of a 360-day year factor applied to actual days 
elapsed). 

The principal hereof and interest hereon shall be paid in 
lawful money of the United States of America at the time 
of payment as follows : 

(a) interest on the outstanding principal balance shall 
be due and payable semi-annually on the first days of 
March and September in each year, commencing on Sep- 
tember 1, 1978, continuing to and including March 1, 1999, 
or until the principal amount shall have been paid in full ; 

(b) commencing on March 1, 1979, continuing to and 
including September 1, 1980, $47,000 of the principal amount 
shall be paid in 4 equal, consecutive semi-annual install- 
ments of $11,750 each, payable on the first days of March 
and September in each year ; 



ORDINANCES 281 

(c) then, commencing on March 1, 1981, continuing to 
and including March 1, 1999, the remaining principal amount 
shall be paid in 37 equal, consecutive semi-annual install- 
ments of $19,000 each, payable on the first days of March 
and September in each year ; 

(d) this Bond will mature, and the entire unpaid bal- 
ance of the principal hereof and all accrued and unpaid in- 
terest hereon shall be due and payable on March 1, 1999; 
and 

(e) all payments received shall be applied first to in- 
terest and the balance to principal. 

This Bond is issued pursuant to the authority of Sections 
266A to 266-1, inclusive, of Article 41 of the Annotated 
Code of Maryland (1971 Rep. Vol., 1977 Cum. Supp.), as 
amended (the "Act"), and pursuant to and under the au- 
thority of an Ordinance of the City, approved by the Mayor 
of the City on , 1978 (the "Ordinance") . Refer- 
ence is hereby made to the Ordinance for the provisions, 
among others, with respect to (a) the nature and extent 
of the security for this Bond, (b) the rights, duties and 
obligations of the City and the Bank (both in its individual 
corporate capacity and as agent for the holder of this 
Bond), (c) the terms upon which this Bond is issued and 
secured, (d) the modification or amendment of any of the 
foregoing or of the Loan Agreement (hereinafter defined), 
and (e) the obligation of the holder hereof to indemnify the 
Bank under certain circumstances; and, by the acceptance 
of this Bond, the holder hereof assents to all of the provi- 
sions of the Ordinance and agrees to be bound thereby. 

This Bond is issued for the purpose of financing, in whole 
or in part, the cost of the acquisition (as defined in the Act) 
by Ansam Metals Corporation, a Maryland corporation (the 
"Company") of certain industrial buildings (as defined in 
the Act) in the City of Baltimore (the "Industrial Build- 
ings") and paying expenses incidental thereto so as to help 
relieve conditions of unemployment, to encourage the in- 
crease of industry, and to help achieve a balanced economy 
in the State of Maryland and in the City of Baltimore. 

This Bond is a limited obligation of the City, and the 
principal hereof and interest hereon are payable solely from 
(i) the moneys to be derived by the City under a Loan 



282 ORDINANCES Ord. No. 704 

Agreement dated _ , 1978, between the City and 

the Company (the "Loan Agreement"), and the collateral 
pledged thereunder, pursuant to which the proceeds of the 
issuance and sale hereof are being loaned by the City to the 
Company for the purpose of providing the aforesaid financ- 
ing, (ii) any and all moneys realized from the sale of col- 
lateral (including the Industrial Buildings) pledged as se- 
curity for such loan, (iii) any and all moneys received 
under the Guaranty Agreement dated , 1978, be- 
tween the Company and the Bank, and (iv) moneys derived 
from all other security referred to in the Ordinance. Neither 
this Bond nor the interest payable hereon shall ever con- 
stitute an indebtedness or a charge against the general 
credit or taxing powers of the City within the meaning 
of any constitutional provision or statutory or charter limi- 
tation, and neither shall ever constitute or give rise to any 
pecuniary liability of the City. 

Pursuant to the Loan Agreement, payments sufficient for 
the prompt payment when due of the principal of and in- 
terest on this Bond are to be paid by the Company directly 
to the Bank, to be held by the Bank as agent for the holder 
of this Bond, in a separate and special fund created by 
Section 4 of the Ordinance, to be used by the Bank as agent 
for the holder of the Bond, for the payment of the principal 
of and interest on this Bond. 

The City may under certain circumstances prescribed in 
Section 7 of the Ordinance be required to pay (but only out 
of amounts made available to the City by the Company or 
others for such purposes) all or part of the principal of 
this Bond (plus accrued and unpaid interest) before ma- 
turity upon the terms provided in Section 7 of the Ordi- 
nance. In the event of partial prepayment, the holder hereof 
shall surrender this Bond to the Bond Registrar (herein- 
after referred to), for notation hereon that this Bond, to 
the extent of the amount prepaid, has been partially pre- 
paid. In the event of a partial prepayment of this Bond, the 
sum applied to the prepayment shall be applied to the pre- 
payment of the monthly installments hereof in the inverse 
order of their payment dates. Reference is hereby made to 
Section 7 of the Ordinance for the provisions relating to the 
prepayment of this Bond, and, by the acceptance of this 



ORDINANCES 283 

Bond, the holder hereof assents to such prepayment provi- 
sions and agrees to be bound thereby. 

Notice of any such prepayment shall be given at least 
two (2) banking days prior to the prepayment date by 
mailing and telegraphing to the registered owner of this 
Bond a notice fixing such prepayment date, the amount of 
principal to be prepaid, the interest to be paid through the 
prepayment date and the amount of any premium or addi- 
tional interest payable on the prepayment date. The notice 
required herein to be given may be waived by the regis- 
tered owner of this Bond. 

All payments hereunder shall be made in immediately 
available funds at the office of The Equitable Trust Com- 
pany, Fayette and Calvert Streets, Baltimore, Maryland 
21203. If any principal or interest payable hereon falls due 
on any day other than a banking day at the Bank, then such 
payment date shall be extended to the next succeeding full 
banking day. 

In the event any installment of principal or payment of 
interest, or both, as hereinabove provided is not paid when 
due and payable, such installment of principal or payment 
of interest, or both, shall bear interest (which shall com- 
mence to accrue on the 15th day following the day on 
which such installment or payment was due and payable) 
at the rate of thirteen per centum (13%) per annum until 
paid. 

This Bond shall be registered as to both principal and 
interest. The Treasurer of the City shall serve as Bond 
Registrar, and he shall keep at his principal office, for so 
long as this Bond remains outstanding, books for the regis- 
tration and transfer hereof. When used herein, the term 
"holder of this Bond" shall mean the registered owner from 
time to time of this Bond, and the initial holder of this 
Bond shall be the Bank. 

This Bond shall be transferable only upon the books 
maintained by the Bond Registrar by the registered owner 
hereof in person or by his attorney duly authorized in writ- 
ing, upon surrender hereof together with a written instru- 
ment of transfer satisfactory to the Bond Registrar duly ex- 
ecuted by the registered owner or his duly authorized attor- 
ney. This Bond is a "security" within the meaning of Title 



284 ORDINANCES Ord. No. 704 

8 of the Maryland Uniform Commercial Code, and notwith- 
standing- the provisions herein contained for registration, is 
and shall remain, negotiable. The laws of the State of Mary- 
land shall govern the construction of this Bond. 

The City, the Bank as agent for the holder of the Bond, 
and the Bond Registrar may deem and treat the person in 
whose name this Bond shall be registered as the absolute 
owner hereof, whether this Bond shall be overdue or not, 
for the purpose of receiving payment of, or on account of, 
the principal of and interest hereon and for all purposes, 
and all such payments so made to such registered owner 
or upon his order shall be valid and effectual to satisfy and 
discharge the liability upon this Bond to the extent of the 
sum or sums so paid, and neither the City nor the Bank 
nor the Bond Registrar shall be affected by any notice to 
the contrary. 

Within 60 days after receipt of a written request from 
the holder of this Bond (or within such longer period as 
may be reasonably required for the authorization, issuance 
and preparation of bonds) the City will take action neces- 
sary to cause serial bonds to be duly authorized and issued, 
to the extent permitted by applicable laws, in order that 
this Bond may be exchanged for a series of serial bonds. 
Any serial bonds so authorized and issued shall be substan- 
tially in the same form as this Bond, with only such changes 
in amounts, dates and other details as may be necessary. 
All such serial bonds shall (a) bear interest at the same 
rate, and (b) be ratably and equally secured by, and en- 
titled to the benefits of, the Ordinance and the security for 
the repayment of this Bond provided for therein. Any ex- 
penses incurred by the City in authorizing and issuing any 
such serial bonds shall be paid by the Company. 

IT IS HEREBY CERTIFIED, RECITED AND DE- 
CLARED that all conditions, acts and things required by 
the Constitution and laws of the State of Maryland and the 
Charter of Mayor and City Council of Baltimore, to exist, 
to have happened and to have been performed precedent 
to and in the execution and delivery of this Bond exist, 
have happened, and have been performed, and that the is- 
suance of this Bond, together with all other obligations of 
the City, does not exceed or violate any constitutional or 
statutory debt limitations. 



ORDINANCES 285 

IN WITNESS WHEREOF, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, has caused this Bond to be signed 
by its Mayor by his manual signature, and has also caused 
its corporate seal to be hereunto affixed and attested by the 
manual signature of its Deputy Treasurer all as of the 1st 
day of March, 1978. 

MAYOR AND CITY COUNCIL OF BALTIMORE 

By _ 

Deputy Treasurer Mayor 

[CITY SEAL] 

[HERE SHALL BE ATTACHED THE 
PREPAYMENT RECORD] 

Sec. 4. Be it further ordained, That in consideration of 
the purchase and acceptance of the Bond by those who shall 
hold the same from time to time, (i) this Ordinance shall 
be deemed to be and shall constitute a contract between 
the City and the holder from time to time of the Bond; 
(ii) the pledge made herein and the covenants to be per- 
formed by or on behalf of the City shall be for the benefit, 
protection and security of the holder of the Bond; (iii) the 
City does hereby, and by execution of the Assignment here- 
inafter approved, set aside and pledge the income and reve- 
nue of the Loan Agreement (other than payments to be 
made to the City pursuant to Sections 10.4, 12.2 and 12.9 
of the Loan Agreement and the fourth literary paragraph 
of Section 5.3 of the Loan Agreement) to the Bank as agent 
for the holder of the Bond to be held by the Bank as agent 
for the holder of the Bond in a separate and special fund to 
be used and applied for the payment of the principal of and 
interest on the Bond, and for the performance of any other 
obligations of the City under this Ordinance; and (iv) the 
pledge herein made is valid and binding from the time when 
the Bond is issued, and the lien of such pledge shall be 
valid and binding as against all parties having claims of 
any kind in tort, contract or otherwise against the City, 
irrespective of whether such parties shall have notice 
thereof. 

Sec. 5. Be it further ordained, That simultaneously with 
the issuance and sale of the Bond, the City will, pursuant 



286 ORDINANCES Ord. No. 704 

to the terms of the Loan Agreement and the Act, lend the 
proceeds of the issuance and sale thereof to the Company 
to be applied to the acquisition of the Industrial Buildings 
in accordance with the provisions of Section 4.3 of the Loan 
Agreement. 

The proceeds of the Bond shall be advanced to the Com- 
pany as provided in the Loan Agreement, and, in order to 
insure that such proceeds will be used for the purposes set 
forth in the Act, the Company shall deposit such proceeds 
with the Trustees under the Trust Agreement, who will 
hold, invest and disburse such proceeds as therein and in 
Sections 4.3 through 4.6 of the Loan Agreement provided. 

Sec. 6. Be it further ordained, That the City covenants 
that it will promptly pay the principal of and interest on 
the Bond, and premium, if any, at the place, on the dates 
and in the manner provided in this Ordinance and in the 
Bond according to their true intent and meaning; provided 
that the Bond, together with the interest thereon, shall be 
the limited obligation of the City payable solely from the 
moneys derived from (a) the Loan Agreement and the sale 
of any collateral pledged thereunder and under the Deed of 
Trust, (b) the Guaranty Agreement and (c) all other se- 
curity referred to in this Ordinance, and shall be a valid 
claim of the holder thereof only against such moneys, which 
moneys shall be used for no other purpose than to pay the 
principal of and interest on the Bond (except as may be 
otherwise expressly authorized in this Ordinance). Neither 
the Bond nor the interest payable thereon shall ever con- 
stitute an indebtedness or a charge against the general 
credit or taxing powers of the City within the meaning of 
any constitutional or charter provision or statutory limita- 
tion and neither shall ever constitute or give rise to any 
pecuniary liability of the City. 

Sec. 7. Be it further ordained, That the Bond shall be 
subject to prepayment by the City (but only from moneys 
received by it from the Company or others) prior to its ex- 
pressed maturity as follows : 

(a) The Bond shall be prepaid, on any interest payment 
date, either as a whole at any time or in part from time to 
time, in multiples of $19,000, upon the exercise by the 



ORDINANCES 287 

Company of its option to prepay the amounts due under the 
Loan Agreement as provided in Section 11.1 of the Loan 
Agreement, at a prepayment price of the principal amount 
to be prepaid, together with unpaid interest thereon ac- 
crued to the date fixed for prepayment, without payment 
of premium or penalty unless the Bond shall be prepaid, 
either as a whole or in part, on or before March 1, 1979, in 
which event a premium in the amount of 3% of the prin- 
cipal amount to be prepaid shall be charged in addition to 
the prepayment price. 

(b) The Bond shall be prepaid, as a whole but not in 
part, upon the occurrence of an event which under Section 
11.2 of the Loan Agreement obligates the Company to pre- 
pay amounts due under the Loan Agreement. Section 11.2 
of the Loan Agreement provides that the Company shall be 
obligated to prepay amounts due under the Loan Agreement 
in the event that (i) as a result of federal, state or local 
constitutional, legislative, administrative or judicial action 
the Loan Agreement shall have become void, unenforceable 
or impossible of performance; or (ii) the Company shall, 
for any reason whatsoever, discontinue the use and occu- 
pancy of the Industrial Buildings, or any part thereof, for 
their intended purposes. If the Bond is prepaid pursuant 
to this Section 7(b), the prepayment price shall be equal 
to the outstanding principal amount of the Bond together 
with unpaid interest on the Bond accrued to the date fixed 
for prepayment. 

(c) The Bond shall be prepaid in part in the event that 
any of the proceeds of the Loan remains on deposit with 
the Trustees after completion of the acquisition of the In- 
dustrial Buildings as set forth in Section 4.3 of the Loan 
Agreement and Section 5.3 of the Trust Agreement, and 
any such prepayment may be made at any time and in any 
amount, without premium or penalty and shall be applied 
to the prepayment of the installments of principal of the 
Bond in the inverse order of their payment dates. 

(d) The Bond shall be prepaid, as a whole but not in 
part, upon any occurrence under the Loan Agreement, which 
gives the City, the Bank as agent for the holder of the 
Bond or the holder of the Bond the option to accelerate the 
maturity of the amounts payable under the Loan Agree- 



288 ORDINANCES Ord. No. 704 

ment, at a prepayment price equal to the outstanding prin- 
cipal amount thereof together with unpaid interest accrued 
to the date of prepayment. 

The City shall prepay the outstanding principal amount 
of the Bond (or a portion thereof in the event of partial 
prepayment), the interest thereon accrued and unpaid to 
the prepayment date, and the premium, if any, immediately, 
and only, upon receipt by the City of any sums payable by 
the Company under the Loan Agreement as a result of the 
occurrence of any event set forth in (a), (b), (c) or (d) 
above; and the City hereby covenants to apply all sums so 
received by it for such purpose to the prepayment of the 
Bond. In the event such sums are not sufficient to provide 
for the prepayment of the entire outstanding principal 
amount of the Bond, such sums shall be applied to the 
prepayment of the installments of principal of the Bond 
in the inverse order of the monthly installment payment 
dates. 

In the event of a partial prepayment, the holder of the 
Bond shall surrender the Bond to the Bond Registrar (here- 
inafter referred to) for notation thereon that the Bond, 
to the extent of the amount prepaid, has been partially 
prepaid. 

Notice of any prepayment shall be given at least two 
(2) banking days prior to the prepayment date by mailing 
or telegraphing to the registered owner of the Bond a 
notice stating the prepayment date, the amount of principal 
to be prepaid, the interest to be paid through the prepay- 
ment date and the amount of any premium or additional 
interest payable on the prepayment date. The notice may 
be waived by the registered owner of the Bond. 

Sec. 8. Be it further ordained, That payment of the Bond 
and the interest thereon shall be made to the registered 
owner thereof by the Bank as agent for the holder of the 
Bond. All payments of principal, interest and other charges 
required by this Ordinance or the Bond shall be made at 
the office of the Bank, Calvert and Fayette Streets, Balti- 
more, Maryland 21203, in lawful money of the United States 
of America, in immediately available funds. Interest on the 
Bond shall be calculated on the basis of a 360-day year fac- 



ORDINANCES 289 

tor to be applied to actual days elapsed. If any principal or 
interest payment on the Bond falls due on a Saturday, Sun- 
day or public holiday at the place of payment thereof, then 
such date shall be extended to the next succeeding full 
banking day at such place. 

When the principal of and interest on the Bond shall have 
been fully paid, the Bond shall forthwith be surrendered 
to the Bond Registrar for cancellation. 

Sec. 9. Be it further ordained, That the Bond shall be 
registered as to both principal and interest. The Treasurer 
of the City shall serve as Bond Registrar, and he shall keep 
at his principal office, for so long as the Bond remains out- 
standing, books for the registration and transfer of the 
Bond. 

The Bond shall be transferable only upon the books main- 
tained by the Bond Registrar by the registered owner 
thereof in person or by his attorney duly authorized in 
writing, upon surrender thereof together with a written 
instrument of transfer satisfactory to the Bond Registrar 
duly executed by the registered owner or his duly author- 
ized attorney. 

The City, the Bank as agent for the holder of the Bond 
and the Bond Registrar may deem and treat the person in 
whose name the Bond shall be registered as the absolute 
owner of the Bond, whether the Bond shall be overdue or 
not, for the purpose of receiving payment of, or on account 
of, the principal of and interest on the Bond and for all 
other purposes, and all such payments so made to such 
registered owner or upon his order shall be valid and effec- 
tual to satisfy and discharge the liability upon the Bond 
to the extent of the sum or sums so paid, and neither the 
City nor the Bank nor the Bond Registrar shall be affected 
by any notice to the contrary. 

Within 60 days after receipt of a written request from 
the holder of the Bond (or within such longer period as may 
be reasonably required for the authorization, issuance and 
preparation of bonds) the City will take action necessary 
to cause serial bonds to be duly authorized and issued, to 
the extent permitted by applicable laws, in order that the 



290 ORDINANCES Ord. No. 704 

Bond may be exchanged for a series of serial bonds. Any 
serial bonds so authorized and issued shall be substantially 
in the same form as the Bond (as set forth in Section 3 of 
this Ordinance), with only such changes in amounts, dates 
and other details as may be necessary. All such serial bonds 
shall (a) bear interest at the same rate, and (b) be ratably 
and equally secured by, and entitled to the benefits of, this 
Ordinance, and the security for the repayment of the Bond 
provided for herein. Any expenses incurred by the City in 
authorizing and issuing any such serial bonds shall be paid 
by the Company. The term "Bond" as used in this Ordinance 
shall be deemed to include any serial bonds so authorized 
and issued. 

Sec. 10. Be it further ordained, That the payments re- 
quired to be made by the Company, as set forth in Section 
5.3 of the Loan Agreement (other than payments due to the 
City under the fourth literary paragraph of such Section 
5.3), shall be paid, as set forth in the Assignment, directly 
to the Bank as agent for the holder of the Bond at its 
offices at Calvert and Fayette Streets, Baltimore, Maryland 
21203, and held by the Bank as agent for the holder of the 
Bond in the separate special fund referred to in Section 
4(iii) hereof in trust for the holder of the Bond, and such 
sums shall be withdrawn and applied to the payment of 
the principal of and interest on the Bond as the same be- 
come due. 

Sec. 11. Be it further ordained, That the Loan Agree- 
ment by and between the City and the Company, pursuant 
to which the City will lend $750,000 to the Company for 
the purpose of financing the acquisition by the Company of 
the Industrial Buildings, shall be substantially in the fol- 
lowing form, and the form and all of the covenants and 
conditions therein contained, with such changes therein as 
the Mayor of the City shall approve (such approval to be 
conclusively evidenced by the execution and delivery of the 
Loan Agreement by the Mayor of the City), is hereby 
adopted by the City as and for the form and tenor of the 
obligation to be incurred, and such covenants and conditions 
are hereby made binding upon the City. 



ORDINANCES 291 

FORM OF LOAN AGREEMENT 

LOAN AGREEMENT 

THIS LOAN AGREEMENT, made as of the day of 
, 1978, between MAYOR AND CITY COUNCIL OF 
BALTIMORE, a body politic and corporate and a political 
subdivision of the State of Maryland, (hereinafter called 
the "City"), and ANSAM METALS CORPORATION, a 
corporation organized and existing under the laws of the 
State of Maryland (hereinafter called the "Company"). 

WITNESSETH : 

WHEREAS, Chapter 352 of the 1972 Session of the Gen- 
eral Assembly of Maryland, as amended, being Sections 
266A to 266-1, inclusive, of Article 41 of the Annotated 
Code of Maryland (1971 Rep. Vol. and 1977 Cum. Supp.), 
as amended (hereinafter called the "Act"), makes legisla- 
tive findings that conditions of unemployment exist in many 
areas of the State of Maryland; the development of new 
commercial, industrial and manufacturing plants are es- 
sential to relieve this unemployment and to establish a 
balanced economy within the State of Maryland; and the 
present and prospective health, happiness, safety, right of 
gainful employment, and general welfare of the citizens of 
each of the counties and municipalities of the State of Mary- 
land will be promoted by the establishment of industrial 
buildings; and 

WHEREAS, the Act authorizes the municipalities and 
counties of the State of Maryland to issue revenue bonds for 
the purpose of providing funds to pay all or any part of the 
cost of the acquisition (as that term is defined in the Act) 
of industrial buildings (as that term is defined in the Act), 
and to lend any such funds to an industrial concern, for 
such purposes as shall effectuate the purposes of the Act, 
under a loan agreement which may provide that the indus- 
trial buildings shall become the property of the industrial 
concern upon the acquisition thereof and may contain such 
other terms and conditions consistent with the Act as shall 
be agreed upon; and 

WHEREAS, the Company has requested the City to pro- 
vide financing for the acquisition of the Industrial Buildings 



292 ORDINANCES Ord. No. 704 

(hereinafter defined) to be located within the City of Balti- 
more; and 

WHEREAS, the Company has represented to the City 
that the Industrial Buildings are suitable for and will be 
used for purposes permitted for industrial buildings (as the 
is defined in the Act) ; and 

WHEREAS, the City has agreed, upon the terms and 
conditions hereinafter in this Loan Agreement set forth, to 
lend funds to the Company to be used for the purposes of 
paying the cost of the acquisition of the Industrial Buildings 
and to raise such funds by the issuance and sale of its in- 
dustrial development revenue bond pursuant to the Ordi- 
nance (hereinafter defined) ; and 

WHEREAS, the industrial development revenue bond is- 
sued under the Ordinance will be secured by (a) an assign- 
ment of the City's interest in (i) this Loan Agreement, in- 
cluding the revenues and receipts derived, and the collateral 
pledged, hereunder, which have been pledged under the 
Ordinance to the Bank (hereinafter defined), as agent for 
the holder of the industrial development revenue bond, and 
(ii) the Deed of Trust (hereinafter defined); and (b) by 
the Guaranty Agreement (hereinafter defined). 

NOW, THEREFORE, in consideration of the representa- 
tions, warranties, covenants, terms and agreements herein 
contained and other good and valuable consideration, the 
receipt and sufficiency of which are hereby acknowledged, 
the parties hereto agree as follows; provided, that in the 
performance of the agreements of the City herein contained, 
any obligation it may incur for the payment of money shall 
not create a pecuniary liability or a charge upon its general 
credit or against its taxing powers but shall be payable 
solely out of the proceeds derived from this Loan Agree- 
ment and the sale of the Bond referred to in Section 4.2 
hereof: 

ARTICLE I. 

Definitions 

The following words and terms as used in this Agree- 
ment shall have the following meanings unless the context 



ORDINANCES 293 

or use clearly indicates another or different meaning or 
intent: 

"Acquisition" or "acquisition" means, when used in re- 
gard to the Industrial Buildings, the acquisition of the In- 
dustrial Buildings as such meaning is intended in the Act, 
and shall include, where applicable and without limitation, 
the purchase, construction, rehabilitation, remodeling, ex- 
tension, equipping and permanent improvement of the In- 
dustrial Buildings. 

"Acquisition Period" means the period between the com- 
mencement of the Acquisition of the Industrial Buildings or 
the date on which the Bond is first delivered to the Bank, 
whichever is earlier, and the Completion Date (hereinafter 
defined). 

"Act" means Chapter 352 enacted by the 1972 Session of 
the General Assembly of Maryland, as amended, being Sec- 
tions 266A to 266-1, inclusive, of Article 41 of the Anno- 
tated Code of Maryland (1971 Rep. Vol. and 1977 Cum. 
Supp.), as amended. 

"Agreement" means this Loan Agreement. 

"Assignment" means the Assignment of even date here- 
with by which the City assigns to the Bank as agent for the 
holder of the Bond, all of its right, title and interest in and 
to, and remedies under, this Agreement and moneys due 
and to become due to the City hereunder and all collateral 
pledged hereunder, and all of its right, title and interest in 
and to, and remedies under, the Deed of Trust (hereinafter 
defined), as security for the Loan as set forth in the As- 
signment. 

"Authorized City Representative" means the person at 
the time designated to act on behalf of the City by written 
certificate furnished to the Company and the Bank as agent 
for the holder of the Bond, containing the specimen signa- 
ture of such person and signed on behalf of the City by the 
Mayor of the City. Such certificate may designate an alter- 
nate or alternates. 

"Authorized Company Representative" means the person 
or persons at the time designated to act on behalf of the 



294 ORDINANCES Ord. No. 704 

Company by written certificate furnished to the City and 
the Bank as agent for the holder of the Bond, containing 
the specimen signature of such person and signed on behalf 
of the Company by its President or one of its Vice Presi- 
dents. Such certificate may designate an alternate or 
alternates. 

"Bank" means The Equitable Trust Company, a Mary- 
land banking corporation, and its successors and, except for 
a subsequent purchaser of the Bond (hereinafter defined), 
its assigns. 

"Bank as agent for the holder of the Bond" means the 
Bank acting in its fiduciary capacity as agent for the holder 
of the Bond, performing the functions described in the Ordi- 
nance (hereinafter defined) and in the Assignment. 

"Banking Day" means a day other than a Saturday, Sun- 
day or legal holiday in the State of Maryland. 

"Bond" means the City of Baltimore, Maryland Indus- 
trial Development Revenue Bond (Ansam Metals Corpora- 
tion Project) dated as of March 1, 1978, in the principal 
amount of $750,000 to be issued pursuant to the Ordinance 
(hereinafter defined), without pecuniary liability on the 
part of the City. In the event the Bond is at any time ex- 
changed for serial bonds as set forth in Section 9 of the 
Ordinance (hereinafter defined), then, and in that event, the 
term "Bond" shall be deemed to include, and shall mean, 
such serial bonds. 

"City" means Mayor and City Council of Baltimore, 
Maryland, a body politic and corporate and a political sub- 
division of the State of Maryland, and its successors and 
assigns. 

"Code" means the Internal Revenue Code of 1954, as 
amended, and the Treasury Regulations issued thereunder. 

"Company" means Ansam Metals Corporation, a Mary- 
land corporation, and its successors and assigns. 

"Completion Date" means the date on which the acquisi- 
tion of the Industrial Buildings has been completed, as that 
date shall be certified, as provided in Section 4.4 hereof. 



ORDINANCES 295 

"Deed of Trust" means the first lien Deed of Trust of 
even date herewith, between the Company and 

and , trustees, covering: 

the Industrial Buildings and the land appurtenant thereto 
as security for the Loan (hereinafter defined). 

"Guaranty Agreement" means the Guaranty Agreement 
of even date herewith, executed and delivered by the Com- 
pany whereby the Company fully and unconditionally guar- 
antees to the Bank for the benefit of the holder of the Bond 
the payment of the principal of and interest on the Bond. 

"Holder of the Bond" or "holder of the Bond" means the 
registered owner of the Bond, which may be the Bank. 

"Industrial Buildings" means the Industrial Buildings, 
and is intended to have the meaning ascribed to the term 
"industrial buildings" in the Act, which Industrial Build- 
ings are more particularly described in Exhibit A attached 
to this Agreement and made a part hereof. 

"Loan" means the Loan in the principal amount of 
$750,000 evidenced by and described in this Agreement to 
be made by the City to the Company. 

"Loan Agreement" means this Loan Agreement. 

"Loan Term" means the period the Loan is to be out- 
standing as specified in Section 5.1 hereof. 

"Net Proceeds" when used with respect to any condemna- 
tion award or insurance proceeds allocable to the Industrial 
Buildings means the gross proceeds from condemnation or 
insurance so allocable, with respect to which that term is 
used, remaining after payment of all expenses (including 
attorney's fees and any extraordinary expenses of the Bank 
as agent for the holder of the Bond) incurred in the collec- 
tion of such gross proceeds. 

"Ordinance" means Ordinance No. of the City ap- 

proved by the Mayor of the City on , 1978, by 

which the City has, inter alia, authorized the execution and 
delivery of this Loan Agreement, the Assignment, the 
Guaranty Agreement (for the limited purposes therein pro- 
vided) , the Trust Agreement (for the limited purpose there- 
in provided), and the Deed of Trust (for the limited pur- 
pose therein provided), and the issuance and sale and exe- 



296 ORDINANCES Ord. No. 704 

cution and delivery of the Bond, and has pledged the 
moneys derived and to be derived by the City from this 
Agreement to secure the punctual payment of the Bond and 
the interest thereon. 

"Prepayment Provisions" means, with respect to the 
Bond, the provisions for the prepayment of the Bond pur- 
suant to Section 7 of the Ordinance. 

"Trust Agreement" means the Trust Agreement of even 
date herewith between the Company and 
and , trustees, pursuant to which the 

proceeds of the Loan are to be deposited in trust with the 
Trustees (hereinafter defined), and held, invested and dis- 
bursed by the Trustees as therein provided. 

"Trustees" means and 

, Trustees under the Trust Agreement, or their 
successors in trust who may be acting under and pursuant 
to the Trust Agreement from time to time. 

The words "hereof", "herein", "hereunder", "hereto", 
and other words of similar import refer to this Agreement 
as a whole. 

References to Articles, Sections, and other subdivisions 
of this Agreement are to the designated Articles, Sections, 
and other subdivisions of this Agreement as originally 
executed. 

The headings of this Agreement are for convenience only 
and shall not define or limit the provisions hereof. 

ARTICLE II. 

Lending Clauses and Security 

Sec. 2.1. The Loan. The City agrees, upon the terms and 
subject to the conditions contained in this Agreement, to 
make the Loan to the Company in the amount of $750,000. 
The Company unconditionally promises to repay the prin- 
cipal of the Loan with interest thereon as provided in this 
Agreement. 

Sec. 2.2. Security. The Loan is secured by this Agreement 
and the Deed of Trust and the collateral pledged hereunder 
and thereunder. As additional security for the Loan the 



ORDINANCES 297 

Company hereby grants to the City and its assigns (in- 
cluding the Bank as agent for the holder of the Bond), and 
agrees that the City and its assigns (including the Bank as 
agent for the holder of the Bond) shall have, a security 
interest in all sums on deposit from time to time with the 
Trustees under the Trust Agreement. 

The Company agrees that with respect to the collateral 
described above the City and its assigns (including the 
Bank as agent for the holder of the Bond) shall have all of 
the rights and remedies of a secured party under the Mary- 
land Uniform Commercial Code. 

ARTICLE III. 

Representations and Warranties; Findings 

Sec. 3.1. Representations by the City. The City makes the 
following representations: 

(a) Corporate Existence. The City is a body politic and 
corporate and a political subdivision of the State of Mary- 
land. Under the provisions of the Act, the City has the 
power to enter into the transactions contemplated by this 
Agreement and to carry out its obligations hereunder. By 
proper action, the City has been duly authorized to execute 
and deliver this Agreement, to enter into the transactions 
contemplated hereby and to issue and sell the Bond. 

(b) Issuance of the Bond. To finance the cost of the 
acquisition of the Industrial Buildings the City has agreed 
at the request of the Company to issue and sell the Bond 
and to lend the proceeds thereof to the Company pursuant 
to the terms and conditions of this Agreement. 

(c) Pledge of Proceeds of the Loan. As provided in the 
Ordinance pursuant to which the Bond is to be issued and 
sold, the City's interest in this Loan Agreement and the 
moneys derived by the City from the repayment of the Loan 
will be pledged for payment of the principal of and interest 
on the Bond and for any other payment referred to in Sec- 
tion 5.3 hereof. 

Sec. 3.2. Representations and Warranties by the Com- 
pany. The Company makes the following representations 
and warranties: 



298 ORDINANCES Ord. No. 704 

(a) Subsidiaries. The Company has no subsidiaries. 

(b) Good Standing. The Company (i) is a corporation 
duly organized and existing, in good standing, under the 
laws of the State of Maryland, (ii) has the corporate 
power to own its property and to carry on its business as 
now being conducted, and (iii) is duly qualified to do busi- 
ness and is in good standing in each jurisdiction in which 
the character of the properties owned by it therein or in 
which the transaction of its business makes such qualifica- 
tion necessary. 

(c) Corporate Authority. The Company has full power 
and authority to enter into this Agreement, to make the 
borrowing hereunder, to execute and deliver this Agree- 
ment, the Guaranty Agreement, the Trust Agreement, the 
Deed of Trust and all other documents necessary in the 
premises, and to incur the obligations provided for herein 
and therein, all of which have been duly authorized by all 
proper and necessary corporate action. No consent or ap- 
proval of stockholders or of any public authority or regula- 
tory body is required as a condition to the validity or en- 
forceability of this Agreement, the Guaranty Agreement, 
the Trust Agreement, or the Deed of Trust. 

(d) Binding Agreement. This Agreement, the Guaranty 
Agreement, the Trust Agreement, and the Deed of Trust 
constitute the valid and legally binding obligations of the 
Company, and are fully enforceable against the Company 
in accordance with their respective terms. 

(e) Litigation. There are no proceedings pending or, so 
far as the officers of the Company know, threatened, before 
any court or administrative agency which, in the opinion of 
the Officers of the Company, will materially adversely 
affect the validity or enforceability of this Agreement, the 
Ordinance, the Guaranty Agreement, the Trust Agreement 
or the Deed of Trust. 

(f) N'o Conflicting Agreements. There is no charter, 
by-law or preference stock provision of the Company and no 
provision of any existing mortgage, indenture, contract or 
agreement binding on the Company or affecting its prop- 
erty, which would conflict with or in any way prevent the 
execution, delivery, or carrying out of the terms of this 



ORDINANCES 299 

Agreement, the Guaranty Agreement, the Trust Agreement, 
or the Deed of Trust. 

(g) Financial Condition. The balance sheet of the Com- 
pany as of , 1977, together with state- 
ments of profit and loss and of surplus for the period then 
ended, heretofore delivered to the Bank, are complete and 
correct and fairly present the financial condition of the Com- 
pany and the results of its operations and transactions in its 
surplus accounts as of the date and for the period referred 
to and have been prepared in accordance with generally ac- 
cepted accounting principles applied on a consistent basis 
throughout the period involved. There are no liabilities, 
direct or indirect, fixed or contingent, of the Company as of 
the date of such balance sheet which are not reflected there- 
in or in the notes thereto. There has been no material ad- 
verse change in the financial condition or operations of the 
Company since the date of such balance sheet. The Company 
has good and marketable title to all its properties and assets, 
and all such properties and assets are free and clear of mort- 
gages, pledges, liens, changes and other encumbrances, 
except as reflected on such balance sheet or the notes 
thereto. 

(h) Utility Arrangements and Permits. The Company 
has procured, or hereby agrees to use its best efforts to pro- 
cure, from the appropriate state, county, municipal, and 
other authorities and corporations, connection and dis- 
charge arrangements for the supply of water, gas, elec- 
tricity and other utilities and sewage and industrial waste 
disposal for the operation of the Industrial Buildings. 

(i) Tax Returns. The Company has filed all required 
federal, State and local tax returns and has paid all taxes as 
shown on such returns as they have become due. Federal 
income taxes have been audited through , 

and no claims have been assessed and are unpaid with 
respect to such taxes except as shown in the balance sheet 
referred to in (g) above. 

(j) Use of Loan Proceeds. The Company intends to use 
the proceeds of the Loan solely to acquire the Industrial 
Buildings. The Company intends the Bond to be an "Indus- 
trial Development Bond" within the meaning of Section 
103(b)(2) of the Code. 



300 ORDINANCES Ord. No. 704 

Substantially all of the proceeds of the Bond will be used 
to acquire land or to acquire property of a character sub- 
ject to the allowance for depreciation as prescribed in Sec- 
tion 103(b) (6) (A) of the Code; and the Company will not 
commit any act which will adversely affect the tax exempt 
status of the interest on the Bond. No part of the proceeds 
of the Bond will be used to finance inventory or for working 
capital. On the basis of the facts, estimates and circum- 
stances in existence on the date of this Agreement, a period 
of less than three (3) years from the date of issuance of the 
Bond is necessary for the completion of the acquisition of 
the Industrial Buildings. 

(k) Liens on Collateral. There exist (s) no lien or liens 
on the collateral pledged as security for the Loan under 
Section 2.2 of this Agreement or on any of the property 
pledged as security for the Loan under the Deed of Trust. 

(1) Commencement of Work and Binding Obligations. 
The Company did not commence work on, and did not incur 
any binding obligations for the acquisition of, the Industrial 
Buildings until after , 1978. 

Sec. 3.3. Findings by City. The City hereby confirms its 
findings that the acquisition of the Industrial Buildings will 
promote the purposes of the Act by (i) maintaining em- 
ployment and relieving unemployment in the City of Balti- 
more, and elsewhere in the State of Maryland; (ii) en- 
couraging the increase of industry and a balanced economy 
in the State of Maryland and in the City of Baltimore; (iii) 
promoting economic development; and (iv) thus promoting 
the health, welfare and safety of the residents of the City 
of Baltimore and of the State of Maryland. 

ARTICLE IV. 

Commencement and Completion of the 
Industrial Buildings; Issuance of the Bond 

Sec. 4.1. Agreement to Acquire the Industrial Buildings. 
The Company covenants and agrees that : 

(a) It will cause the Industrial Buildings to be acquired 
substantially in accordance with the description of the In- 
dustrial Buildings set forth in Exhibit A attached hereto 



ORDINANCES 301 

and the Plans and Specifications (referred to and defined 
in the Trust Agreement) . 

(b) It will submit the Plans and Specifications (referred 
to and defined in the Trust Agreement) to the Bank and the 
Department of Housing and Community Development for 
approval. The Company understands that, in addition to the 
economic feasibility of the construction of the Industrial 
Buildings, the Department of Housing and Community De- 
velopment may consider, without limitation, the suitability 
of the site plan, architectural treatment, building plans, 
elevations, materials, color, construction details, access park- 
ing, loading, landscaping, identification signs, exterior light- 
ing, refuse collection details, streets, sidewalks, and har- 
mony between the plans and the surroundings of the 
proposed Industrial Buildings; and that the Department of 
Housing and Community Development may refuse approval 
of the Plans and Specifications for aesthetic or functional 
reasons. 

(c) It and its developers will work with the design ad- 
visory group appointed by the Department of Housing and 
Community Development in order to achieve high quality 
site, building, and landscape design. 

(d) Without the prior written consent of the Bank as 
agent for the holder of the Bond, it and its contractors will 
not make any changes in the Industrial Buildings to be 
acquired as described in Exhibit A attached hereto or in 
the Plans and Specifications (referred to and defined in the 
Trust Agreement). 

(e) It will cause the acquisition of the Industrial Build- 
ings to be completed within the period of time prescribed in 
Section 1 of the Trust Agreement. In the event the acqui- 
sition of the Industrial Buildings commences prior to the 
receipt of proceeds from the sale of the Bond, the Company 
agrees to advance all funds necessary for such purposes, 
subject to reimbursement pursuant to the provisions hereof. 
Nothing contained in this Section shall relieve the Company 
from making any payments required to be made pursuant 
hereto. 

Sec. 4.2. Agreement to Issue Bond; Application of Bond 
Proceeds. In order to provide funds for payment of the 



302 ORDINANCES Ord. No. 704 

costs of acquisition provided for in Section 4.3 hereof, the 
City agrees that it will issue and sell the Bond and cause 
the Bond to be delivered to the Bank pursuant to and in 
accordance with the Ordinance. Upon receipt of the pro- 
ceeds of the Bond, the City will disburse such proceeds to 
the Company in accordance with the provisions of the Or- 
dinance and Section 4.3 of this Agreement. 

Sec. 4.3. Disbursement of the Loan Proceeds. The City 
and the Company hereby authorize and direct the use of the 
proceeds of the Loan for the following purposes (and, sub- 
ject to the provisions of Section 4.6 hereof, for no other 
purpose) : 

(a) Payment of the necessary expenses of preparing 
and selling the Bond; the fees and expenses for recording 
or filing any financing statements required by the City or 
the Bank as agent for the holder of the Bond to be recorded 
or filed, and any other documents or instruments, the filing 
or recording of which either the City, the Bank as agent 
for the holder of the Bond, or the Company, or counsel to 
the City, the Bank as agent for the holder of the Bond, or 
the Company may reasonably deem desirable; and the fees 
and expenses in connection with the commencement and 
prosecution of any action or proceeding that either the City, 
the Bank as agent for the holder of the Bond, or the Com- 
pany, or counsel to the City the Bank as agent for the 
holder of the Bond, or the Company may reasonably deem 
desirable in connection with this Agreement and the trans- 
actions contemplated hereby. 

(b) Subject to the terms and conditions of the Trust 
Agreement, payment to the Company of such amount, if 
any, as shall be necessary to reimburse the Company for all 
advances and payments made or costs incurred by the Com- 
pany prior to or after the execution of this Agreement for 
expenditures in connection with the preparation of the Plans 
and Specifications (referred to and defined in the Trust 
Agreement) for the Industrial Buildings (including any pre- 
liminary study of the Industrial Buildings or any aspect 
thereof) ; site improvements; any and all direct and indi- 
rect costs of acquisition of the Industrial Buildings; the 
construction, acquisition and installation necessary to pro- 
vide utility services; acquisition of all other real and per- 



ORDINANCES 303 

sonal property deemed necessary in connection with the 
Industrial Buildings; and for miscellaneous expenses inci- 
dental to any of the above (including, without limitation, 
fees for architectural, engineering and supervisory services 
with respect to any of the foregoing) . 

(c) Payment of the legal and accounting fees (including 
those of the Bank as agent for the holder of the Bond and 
the City) and expenses incurred in connection with the au- 
thorization, issuance and sale of the Bond, the preparation 
of this Agreement and all other documents in connection 
therewith and in connection with the acquisition of title 
to the Industrial Buildings; and payment of the fees, or 
out-of-pocket expenses, of the City, if any, incurred with 
respect to the Industrial Buildings or the Bond to be issued 
under the Ordinance. 

(d) Payment for labor, services, materials and supplies 
used or furnished for any of the purposes or objectives set 
out in Section 4.3(b) above, subject to the terms and con- 
ditions of the Trust Agreement. 

(e) Payment to the Bank as agent for the holder of the 
Bond, as such payments become due, of the fees and ex- 
penses of the Bank as agent for the holder of the Bond 
that may become due during the Acquisition Period, or 
reimbursement thereof, if paid by the Company. 

(f) Payment of expenses incurred with the approval 
of the Company in seeking to enforce any remedy against 
any contractor or subcontractor in respect of any default 
under any contracts to which the Company is a party in con- 
nection with the Industrial Buildings. 

(g) Payment of any other expenses authorized under 
the Act. 

The proceeds of the Loan will be disbursed by the City 
to the Company, and the Company will simultaneously de- 
posit such proceeds in trust with the Trustees under and 
pursuant to the Trust Agreement, to be held, invested and 
disbursed by the Trustees as therein provided for the pur- 
poses set forth in this Agreement and the Trust Agree- 
ment. Unless the prior written consent of the holder of the 
Bond is obtained, the proceeds of the Loan may be disbursed 



304 ORDINANCES Ord. No. 704 

only in accordance with the terms, conditions, provisions 
and procedures set forth in the Trust Agreement. 

The Company covenants that substantially all of the pro- 
ceeds of the Bond shall be used in compliance with Section 
103(b) (2) of the Code, and shall be used for the acquisition 
of land or the acquisition, construction or installation of 
property of a character subject to the allowance for depre- 
ciation as prescribed in Section 103(b)(6)(A) of the Code. 
All moneys remaining on deposit after the Completion Date 
and after payment of all items provided for in this Section, 
except for amounts required by the Company for payment 
of costs of the Industrial Buildings not then due and pay- 
able, and any moneys held by the Trustees at the time of 
default under Section 8 of the Trust Agreement, shall be 
disbursed by the Trustees to the City to be applied to the 
prepayment, without premium or penalty, of the amounts 
due hereunder, and such amounts shall be applied by the 
City to the immediate prepayment, without premium or 
penalty, of the amounts due hereunder, and such amounts 
shall be applied by the City to the immediate prepayment, 
without premium or penalty, of the principal of the Bond 
(in the inverse order of the installment payment dates) in 
accordance with the terms and provisions of the Ordinance. 
Any such prepayment made under this Section 4.3 need not 
be made (a) in multiples of $19,000, or (b) on an interest 
payment date. 

Sec. 4.4. Establishment of Completion Date. The Com- 
pletion Date shall be evidenced to the Bank as agent for 
the holder of the Bond, the Trustees and the City by a cer- 
tificate signed by the Authorized Company Representative 
and by the Company's architect (approved by the Bank as 
agent for the holder of the Bond) stating in substance that 
(1) the acquisition of the Industrial Buildings has been 
completed in accordance with the description thereof set 
forth in Exhibit A hereto and the Plans and Specifications 
(referred to and defined in the Trust Agreement), and all 
labor, services, materials and supplies used in such acqui- 
sition have been paid for, (2) all other improvements 
necessary in connection with the Industrial Buildings have 
been acquired and constructed substantially in accordance 
with the description thereof set forth in Exhibit A hereto, 



ORDINANCES 305 

and all costs and expenses incurred in connection therewith 
have been paid, (3) the Industrial Buildings are suitable and 
sufficient for their intended purposes, and (4) substantially- 
all of the proceeds from the Bond theretofore advanced by 
the Trustees have been used for purposes allowable under 
Section 103(b)(2) of the Code. Such certificate shall have 
attached thereto final waivers of liens of the general con- 
tractor and all subcontractors and suppliers as well as a 
copy of the permanent certificate of occupancy. 

Notwithstanding the foregoing, such certificate shall state 
that it is given without prejudice to any rights against 
third parties which exist at the date of such certificate or 
which may subsequently come into being. It shall be the 
duty of the Company to cause such certificate to be fur- 
nished as soon as the acquisition of the Industrial Buildings 
shall have been completed. 

Sec. 4.5. Company Required to Pay Costs in the Event 
Bond Proceeds Insufficient. In the event the proceeds of 
the Bond available for payment of the costs of the acqui- 
sition of the Industrial Buildings shall not be sufficient to 
pay the costs thereof in full (including all items of cost set 
forth in Section 4.3 hereof), the Company agrees to com- 
plete the acquisition of the Industrial Buildings and pay all 
that portion of the costs of the acquisition of the Industrial 
Buildings (including all items of cost set forth in Section 
4.3 hereof) as may be in excess of the proceeds of the Bond 
available therefor. The City does not make any warranty, 
either express or implied, that the proceeds of the Bond 
which, under the provisions of this Agreement, will be 
available for payment of the costs of the acquisition of the 
Industrial Buildings will be sufficient to pay all the costs 
which will be incurred in that connection (including all 
items of cost set forth in Section 4.3 hereof) . The Company 
agrees that if after exhaustion of the proceeds of the Bond 
the Company shall pay any portion of the costs of the 
acquisition of the Industrial Buildings pursuant to the 
provisions of this Section, it shall not be entitled to any 
reimbursement therefor from the City, or from the Bank, 
or from the Bank as agent for the holder of the Bond, or 
from the holder of the Bond, or from the Trustees, nor shall 
it be entitled to any diminution of the amounts payable 
hereunder. 



306 ORDINANCES Ord. No. 704 

Sec. 4.6. Investment of Money. Any moneys held by the 
Trustees under the Trust Agreement and not required for 
immediate disbursements and withdrawal shall, at the writ- 
ten request of the Authorized Company Representative, be 
invested or reinvested to the extent permitted by law, in 
the following: (i) general obligations, of, or obligations 
unconditionally guaranteed as to principal and interest by, 
the United States of America; (ii) bonds, debentures, par- 
ticipation certificates or notes issued by any agency or 
corporation which is or may hereafter be created by Act 
of the Congress of the United States as an agency or instru- 
mentality thereof; (iii) Public Housing Bonds, Temporary 
Notes or Preliminary Loan Notes, fully secured by contracts 
with the United States; (iv) certificates of deposit issued 
by the Bank, or any other bank, trust company or national 
banking association, organized under the laws of the United 
States or any state thereof, which has a combined capital 
of at least $40,000,000, in any amount; or (v) any other 
investment which the Trustees may legally make under 
federal and Maryland law and which is approved by the 
Bank as agent for the holder of the Bond. Such investments 
shall be made in the discretion of the Trustees; provided, 
however, that the Company may by written direction from 
the Authorized Company Representative to the Trustees 
direct the investments. All such investments shall have 
maturities consonant with the need for funds as estimated 
by such Authorized Company Representative. The Company 
covenants that it will not direct or permit investments 
which would cause the Bond to be an "arbitrage bond" 
within the meaning of Section 103(c)(2) of the Code. On 
each interest payment date, as provided in Section 5.3 
hereof, any profit realized from investments made here- 
under shall be paid over by the Trustees to the Bank as 
agent for the holder of the Bond (as assignee of the City) 
and shall be applied by the Bank as agent for the holder 
of the Bond to the interest on the Loan due and payable 
on such date. To the extent that any profits are so paid 
over and applied, the payment of interest for which the 
Company is responsible on such date shall be reduced ac- 
cordingly. Excess profits, over and above the interest due 
and payable on such date shall remain on deposit (and be 
reinvested by the Trustees to the extent practicable) until 
the next interest payment date, when it will be paid over 



ORDINANCES 307 

and applied as aforesaid. Upon completion of the acquisition 
of the Industrial Buildings, all moneys held by the Trustees 
shall be applied as set forth in the last literary paragraph 
of Section 4.3 of this Agreement. 

ARTICLE V. 

Effective Date of This Agreement; Duration of 

Loan Term; Ownership and Possession of Industrial 

Buildings; Repayment Provisions; Obligations of 

Company Unconditional 

Sec. 5.1. Effective Date of This Agreement; Duration of 
Loan Term. This Agreement shall become effective upon its 
delivery, and shall expire on such date as the Bond has 
been fully paid and retired and all other payments required 
hereunder have been made; provided however, that the 
expiration of this Agreement shall not affect the Company's 
obligation to pay to the holder of the Bond an additional 
amount after the Bond has been fully paid and retired in 
the event that the holder of the Bond in a tax return or as 
a result of a deficiency assessment or otherwise, incurs a 
tax liability as more fully set out in Section 5.3 hereof. 

Sec. 5.2. Ownership and Possession of the Industrial 
Buildings. The City agrees that the Industrial Buildings shall 
be the sole property of the Company and that the Company 
shall enjoy the sole and exclusive ownership and possession 
of the Industrial Buildings (subject to the right of the City 
to enter thereon for inspection and other purposes pursuant 
to the provisions of Section 9.2 hereof) . The City covenants 
and agrees that it will not take any action, other than pur- 
suant to Article X of this Loan Agreement and its general 
police powers, to prevent the Company from having quiet 
and peaceable enjoyment of the Industrial Buildings. 

Sec. 5.3. Amounts Payable. The Company promises to 
repay the Loan with interest on the unpaid principal amount 
thereof, from the date hereof, at the rate of 7%% per 
annum (calculated on the basis of a 360-day year factor 
applied to actual days elapsed) ; provided, however, that 
during any period in which the interest payable on the 
Bond is validly includible in the gross income (as defined 



308 ORDINANCES Ord. No. 704 

in Section 61 of the Internal Revenue Code of 1954, as 
amended) of the holder of the Bond, the rate of interest 
payable on the unpaid principal amount of the Loan shall 
be the annual rate which is at all times equal to (a) the 
commercial prime rate of interest in effect at the Bank 
from time to time (floating), plus (b) 2Vfc% Per annum 
(calculated on the basis of a 360-day year factor applied 
to actual days elapsed) (hereinafter called the "Taxable 
Rate"). 

The principal of and interest on the Loan shall be pay- 
able in lawful money of the United States of America at 
the time of payment as follows : 

(a) interest on the outstanding principal balance shall 
be due and payable semi-annually on the first days of March 
and September in each year, commencing on September 1, 
1978, continuing to and including March 1, 1999, or until 
the principal amount shall have been paid in full ; 

(b) commencing on March 1, 1979, continuing to and 
including September 1, 1980, $47,000 of the principal amount 
shall be paid in 4 equal, consecutive installments of $11,750 
each, payable on the first days of March and September in 
each year; 

(c) then, commencing on March 1, 1981, continuing to 
and including March 1, 1999, the remaining principal amount 
shall be paid in 37 equal, consecutive semi-annual install- 
ments of $19,000 each, payable on the first days of March 
and September in each year ; 

(d) the Loan will mature, and the entire unpaid bal- 
ance of the principal thereof and all accrued and unpaid 
interest thereon shall be due and payable on March 1, 1999; 
and 

(e) all payments received shall be applied first to in- 
terest and the balance to principal. 

In any event, each and every payment to be made under 
this Section shall be sufficient to pay the payments of in- 
terest on and the installments of the principal of and inter- 
est on the Bond when due (whether at maturity, by re- 
demption, by acceleration or otherwise) . 



ORDINANCES 309 

The Company agrees to pay to (and within 30 days after 
the request of) the City, the Bank, or the Bank as agent for 
the holder of the Bond, until the principal of and interest 
on the Bond shall have been paid in full, (i) the ordinary 
and reasonable fees, charges and expenses of the City, the 
Bank, and the Bank as agent for the holder of the Bond 
incurred in connection with the transactions contemplated 
by this Loan Agreement as and when the same become due, 
and (ii) the reasonable fees, charges and expenses incurred 
by the City under the Ordinance as and when the same be- 
come due, including, but not limited to, any expenses in- 
curred by the City in authorizing and issuing serial bonds 
pursuant to Section 9 of the Ordinance. 

In the event that interest payable on the Bond is deter- 
mined to be includible in the gross income (as defined in 
Section 61 of the Internal Revenue Code of 1954, as 
amended) of the holder of the Bond so as to cause the rate 
of interest on the Bond to be the Taxable Rate, the Com- 
pany agrees to pay, on demand, directly to the holder of 
the Bond an additional amount of money, which when 
added to the interest paid on the Bond from the date the 
interest became so includible in the gross income of the 
holder would cause the total amount of interest on the 
Bond from such date to the date upon which the rate of 
interest on the Bond is so increased, to have been paid at a 
rate equal to the Taxable Rate, and such amount shall be 
considered additional interest on the Bond. 

In the event that after the Bond has been fully paid and 
retired, any holder of the Bond, in a tax return or as a 
result of a deficiency or otherwise, incurs a tax liability 
under circumstances that, were the Bond then outstanding, 
would cause the rate of interest payable on the Bond to 
be the Taxable Rate, the Company agrees to pay, on de- 
mand, directly to that holder of the Bond an additional 
amount of money, which when added to the interest paid 
on the Bond from the date the interest became includible in 
the gross income of that holder, would cause the total 
amount of interest on the Bond from such date to the date 
upon which the interest on the Bond was no longer includ- 
ible in the gross income of that holder to have been paid 
at a rate equal to the Taxable Rate, and such amount shall 
be considered additional interest on the Bond. In the event 



310 ORDINANCES Ord. No. 704 

that after the Bond has been transferred in accordance 
with Section 9 of the Ordinance but prior to the date on 
which the Bond has been fully paid and retired, any pre- 
vious holder of the Bond, in a tax return or as a result of 
a deficiency or otherwise, incurs a tax liability as a result 
of the interest payable on the Bond being includible in the 
gross income (as defined in Section 61 of the Code) of such 
previous holder of the Bond, the Company agrees to pay, 
on demand, directly to that previous holder of the Bond an 
additional amount of money, which when added to the in- 
terest paid on the Bond from the date the interest on the 
Bond became so includible in the gross income of that 
holder of the Bond, would cause the total amount of interest 
on the Bond from such date to the date upon which the 
interest on the Bond was no longer includible in the gross 
income of that holder to have been paid at a rate equal to 
the Taxable Rate, and such amount shall be considered ad- 
ditional interest on the Bond. 

In the event the Company should fail to make any of the 
payments required in this Section, the item or installment 
so in default shall continue as an obligation of the Company 
until the amount in default shall have been fully paid, and 
the Company agrees to pay such item or installment in 
default with interest thereon at the rate of 13% per annum 
until paid (which interest shall commence to accrue on the 
15th day following the day on which such item or install- 
ment was due and payable) . 

Sec. 5.4. Place of Payments. The payments provided for 
in the first literary paragraph of Section 5.3 hereof shall be 
made in immediately available funds directly to the Bank as 
agent for the holder of the Bond, at its offices at Calvert and 
Fayette Streets, Baltimore, Maryland 21203. If any pay- 
ment hereunder falls due on any day which is not a Banking 
Day, then such payment date shall be extended to the next 
succeeding full Banking Day. The payments to be made 
under the fourth literary paragraph of Section 5.3 hereof 
shall be paid directly to the Bank as agent for the holder of 
the Bond or directly to the City as the case may require. 

Sec. 5.5. Obligations of the Company Hereunder Uncon- 
ditional. The obligation of the Company to make the pay- 



ORDINANCES 311 

merits required in Section 5.3 hereof and to perform and 
observe the other agreements on its part contained herein 
shall be absolute and unconditional, irrespective of any de- 
fense or any rights of set-off, recoupment or counterclaim 
it might otherwise have against the City, and the Company 
shall pay absolutely net during the term of this. Agreement 
the payments to be made on account of the Loan as pre- 
scribed in Section 5.3 and all other payments required here- 
under, free of any deductions and without abatement, 
diminution or set-off other than those herein expressly pro- 
vided; and until such time as the principal of and interest 
on the Bond shall have been fully paid, the Company: (i) 
will not suspend or discontinue any payments provided for 
in Section 5.3 hereof; (ii) will perform and observe all of 
its other agreements contained in this Agreement; and 
(iii) except as provided in Article XII hereof, will not 
terminate this Agreement for any cause, including, without 
limiting the generality of the foregoing, failure of the Com- 
pany to complete the acquisition of the Industrial Buildings, 
the occurrence of any acts or circumstances that may con- 
stitute failure of consideration, destruction of or damage to 
the Industrial Buildings, commercial frustration of purpose, 
any change in the tax laws of the United States of America 
or of Maryland or any political subdivision or either of 
these, or any failure of the City to perform and observe any 
agreement, whether express or implied, or any duty, lia- 
bility or obligation arising out of or connected with this 
Agreement, except to the extent permitted by this Agree- 
ment. 

ARTICLE VI. 

SEC. 6.1. Affirmative Covenants. Throughout the Loan 
Term the Company shall: 

(a) Maintenance of Existence. Preserve and maintain 
its existence in good standing as a Maryland corporation 
and will cause each of its subsidiaries to maintain its cor- 
porate existence in good standing in the jurisdiction of its 
incorporation. 

(b) Maintenance of Properties. Keep the Industrial 
Buildings and all of its other properties and improvements, 
necessary in the judgment of the Company to its business, 
in good working order and condition, ordinary wear and 



312 ORDINANCES Ord. No. 704 

tear excepted. The Company shall make all replacements 
and repairs reasonably required to insure the foregoing. 

(c) Compliance with Applicable Laws. Comply with the 
requirements of all applicable laws, rules, regulations, and 
orders of any governmental authority, a breach of which 
would materially and adversely affect (i) the financial con- 
dition of the Company, or (ii) the ability to use the Indus- 
trial Buildings for the purposes for which it was designed, 
except where contested in good faith and by proper pro- 
ceedings, provided, that in the sole opinion of the Bank as 
agent for the holder of the Bond the security for the Loan 
will not be impaired during the period it is so contested. 

(d) Litigation. Promptly give notice in writing to the 
City and the Bank as agent for the holder of the Bond of 
any litigation, pending or threatened, and of any proceeding 
before any governmental or regulatory agency which, if 
adversely determined, would materially affect (a) the fi- 
nancial condition of the Company, or (b) the Company's 
use of the Industrial Buildings for the purposes for which 
they were designed. 

(e) Taxes and Claims. Pay and discharge and cause 
each of its subsidiaries to pay and discharge, all taxes, as- 
sessments and governmental charges or levies imposed upon 
any of them on their income or properties prior to the date 
on which penalties attach thereto, and all lawful claims 
which, if unpaid, might become a lien or charge upon such 
properties (including the Industrial Buildings) to such an 
extent as to materially adversely affect the Company's 
ability to use such properties for the purposes for which 
they were designed, provided that the Company shall not be 
required to pay any such tax, assessment, charge, levy or 
claim, the payment of which is being contested in good faith 
and by proper proceedings. 

(f) Insurance. Maintain, and cause each of its sub- 
sidiaries to maintain, insurance with responsible insurance 
companies on such of their properties, including the In- 
dustrial Buildings, in such amounts and against such risks 
as is customarily maintained by similar businesses oper- 
ating in the same vicinity, and with respect to the Indus- 
trial Buildings, in such amounts and against such risks as 



ORDINANCES 313 

required by the provisions of the Deed of Trust and the 
Trust Agreement. The Company shall file, and cause each of 
its subsidiaries to file, with the Bank as agent for the holder 
of the Bond upon its request a detailed list of the insurance 
then in effect, stating the names of the insurance com- 
panies, the amounts and rates of the insurance, dates of 
the expiration thereof and the properties and risks covered 
thereby; and, within 30 days after notice in writing from 
the holder of the Bond, or the Bank as agent for the holder 
of the Bond, obtain such additional insurance as the holder 
of the Bond, or the Bank as agent for the holder of the 
Bond, may reasonably request. If the Industrial Buildings 
are located in an area which shall at any time be designated 
as a special flood hazard area, the Bank as agent for the 
holder of the Bond must be furnished with a flood insurance 
policy in the amount of the Loan or the maximum limit of 
coverage available on the Industrial Buildings, whichever 
is less. If the Industrial Buildings are not located in a spe- 
cial flood hazard area, the Company shall furnish to the 
Bank as agent for the holder of the Bond, upon its request 
from time to time, a signed statement to that effect from 
the Company's licensed insurance agent or broker. 

(g) Financial Statements. Furnish to the Bank as agent 
for the holder of the Bond and to the holder of the Bond: 

(i) as soon as available but in no event more than 
45 days after the close of each of the Company's fiscal 
quarters, a consolidated balance sheet of the Company and 
its subsidiaries, if any, as of the end of such quarter, and a 
consolidated statement of earnings and surplus of the Com- 
pany and its subsidiaries, if any, for such period and con- 
solidated income and expense statements for such period, 
certified by the principal financial officer of the Company 
and accompanied by a certificate of that officer stating 
whether any event has occurred which constitutes an Event 
of Default hereunder, or which would constitute such an 
Event of Default with the giving of notice or lapse of time 
or both, and if so, stating the facts with respect thereto; 
and 

(ii) as soon as available but in no event more 
than 90 days after the close of each of the Company's fiscal 
years, (1) a copy of the annual financial statement in rea- 



314 ORDINANCES Ord. No. 704 

sonable detail satisfactory to the Bank relating to the 
Company and its subsidiaries, if any, prepared in accord- 
ance with generally accepted accounting principles and ex- 
amined and reported upon by independent certified public 
accountants satisfactory to the Bank, which financial state- 
ment shall include a consolidated balance sheet of the Com- 
pany and its subsidiaries, if any, as at the end of such fiscal 
year and a consolidated statement of earnings and surplus 
of the Company and its subsidiaries, if any, for such fiscal 
year, and (2) if requested by the Bank as agent for the 
holder of the Bond, a cash flow projection report prepared 
by the Company in a format acceptable to the Bank; and 

(iii) as soon as available but in no event more 
than 90 days after the close of each of the Company's fiscal 
years, a letter or opinion of the accountants who examined 
the annual financial statement relating to the Company and 
its subsidiaries, stating whether anything in such account- 
ants' examination has revealed the occurrence of an event 
which constitutes an Event of Default hereunder or which 
would constitute such an Event of Default with the giving 
of notice or the lapse of time or both, and, if so, stating the 
facts with respect thereto, unless, as a matter of policy, 
such accountants do not furnish such letters or opinions; 
and 

(iv) such additional information, reports or state- 
ments as the Bank may from time to time reasonably re- 
quest. 

(h) Tangible Net Worth. Maintain a tangible net worth 
(as defined in accordance with generally accepted ac- 
counting principles as applied to the Company on a con- 
sistent basis by the Company's accountants in the prepara- 
tion of its previous annual financial statements) of not less 
than $875,000. 

(i) Working Capital. Maintain net working capital of 
not less than $725,000. "Net working capital" means the 
excess of current assets over current liabilities of the Com- 
pany and its subsidiaries, inventory being valued on the 
FIFO method. "Current assets" and "current liabilities" 
are to be determined both as to classification of items and 



ORDINANCES 315 

amounts in accordance with generally accepted accounting 
principles as applied to the Company on a consistent basis 
by the Company's accountants in the preparation of its 
previous annual financial statements; provided that there 
shall be excluded from current assets (i) all prepaid ex- 
penses and (ii) all amounts due to the Company or any 
subsidiary from any of its directors, officers or employees. 

ARTICLE VII. 

Damage and Condemnation; 
Application of Net Proceeds 

Sec. 7.1. Damage, Destruction and Condemnation. Unless 
the payments required to be made pursuant to Section 5.3 
hereof shall have been accelerated pursuant to the pro- 
visions of Section 10.2(a) hereof, or the Company shall 
have become obligated pursuant to Article XI hereof to 
prepay such amounts, if prior to full payment of the Bond 
(i) the Industrial Buildings or any portion or portions 
thereof are damaged by fire or other casualty or are de- 
stroyed (in whole or in part), or (ii) title to, or the use of, 
the Industrial Buildings or any part thereof or the interest 
of the Company in the Industrial Buildings or any part 
thereof shall be taken under the exercise of the power of 
eminent domain by any governmental body or by any per- 
son, firm, or corporation acting under governmental au- 
thority, either temporarily or permanently, the Company 
shall be obligated to continue to pay the amounts specified 
in this Agreement, and the Company will cause the Net 
Proceeds resulting from any event described in this Section 
7.1 to be applied, in a manner approved by and satisfactory 
in all respects to the Bank as agent for the holder of the 
Bond, to the prompt repair, restoration, relocation, modifi- 
cation or improvement of the Industrial Buildings by the 
Company. 

Sec. 7.2. Insufficiency of Net Proceeds. If the Net Pro- 
ceeds are insufficient to pay in full the cost of any repair, 
restoration, relocation, modification or improvement re- 
ferred to in Section 7.1, hereof, the Company will nonethe- 
less complete the work and will pay any costs of such work 
in excess of the amount of the Net Proceeds. 



316 ORDINANCES Ord. No. 704 

ARTICLE VIII. 

Special Covenants and Provisions 

Sec. 8.1. No Warranty of Condition or Suitability by the 
City. The City makes no warranty, either express or im- 
plied, as to the condition of the Industrial Buildings or any 
part thereof, or that the Industrial Buildings will be suit- 
able (including, without limitation, zoning and availability 
of utilities) for the Company's purposes or needs. 

SEC. 8.2. Right of Access to the Industrial Buildings. The 
Company agrees that the City, the Bank as agent for the 
holder of the Bond, the holder of the Bond and their duly 
authorized agents shall have the right at all reasonable 
times to enter upon the Industrial Buildings and the land 
appurtenant thereto to examine and inspect the Industrial 
Buildings and to enforce any remedies in the event of a 
default under this Agreement. 

Sec. 8.3. City and Company Representatives. The Com- 
pany and the City, respectively, shall designate, in the man- 
ner prescribed in Article I hereof, the Authorized Company 
Representative and the Authorized City Representative. In 
the event that any person so designated and his alternate 
or alternates, if any, should become unavailable or unable 
to take any action or make any certificate provided for or 
required in this Agreement, a successor shall be appointed 
in the same manner. Whenever under the provisions of this 
Agreement the approval of the City or the Company is re- 
quired, or the City or the Company is required to take some 
action at the request of the other, such approval or such 
request shall be given for the City by the Authorized City 
Representative, and for the Company by the Authorized 
Company Representative; and the other party hereto, the 
Bank as agent for the holder of the Bond and the holder 
of the Bond are authorized to rely upon any such approval 
or request, and neither party hereto shall have any com- 
plaint against the other nor against the Bank as agent for 
the holder of the Bond or the holder of the Bond as a result 
of any such reliance. 

Sec. 8.4. Further Assurances and Corrective Instruments. 
The City and the Company agree that they will, from time 



ORDINANCES 317 

to time, execute and deliver or cause to be executed and 
delivered, such supplements hereto and such further instru- 
ments as may reasonably be required for carrying out the 
intention of the parties to, or facilitating the performance 
of, this Agreement. 

Sec. 8.5. Covenants with Respect to Use of Bond Pro- 
ceeds. The City is issuing the Bond with the intention that 
the interest on the Bond be and remain free from federal 
income taxation and is covenanting with the holder of the 
Bond that it (i) will make no use of the proceeds of the 
Bond which, if such use had been reasonably expected on 
its date of issuance, would have caused the Bond to be an 
"arbitrage bond" within the meaning of Section 103(c) of 
the Code as in effect at the time of such issuance, and (ii) 
will comply to the extent applicable with the requirements 
of Section 103(c) of the Code. To that end the Company 
covenants with the City for the benefit of the holder of the 
Bond that it (i) will make no use of the proceeds of the 
Bond which, if such use had been reasonably expected on 
its date of issuance, would have caused the Bond to be an 
"arbitrage bond" within the meaning of Section 103(c) of 
the Code as in effect at the time of such issuance, and (ii) 
will comply to the extent applicable with the requirements 
of Section 103(c) of the Code. The Company will not (a) 
take any action, (b) fail to take any action, or (c) make 
any use of the Industrial Buildings or the proceeds of the 
Bond, which would cause the interest on the Bond to be or 
become subject to federal income taxes in the hands of the 
holder of the Bond. 

Sec. 8.6. Modification of the Industrial Buildings by the 
Company. Subject to the representations and warranties 
contained in Section 3.2 hereof, the agreements contained 
in Section 4.1 hereof, and the covenants set forth in Section 
8.5 above, the Company may, from time to time, and at its 
own expense, and with the prior written consent of the 
holder of the Bond, install additional property or otherwise 
improve, alter, or replace the Industrial Buildings with 
property of equal or greater value. 

Sec. 8.7. Restriction on Transfer and Encumbrance of 
Industrial Buildings by the Company. The Company agrees 



318 ORDINANCES Ord. No. 704 

that it will not, during the Loan Term, sell, assign, lease, 
transfer, convey or otherwise dispose of the Industrial 
Buildings (including the land appurtenant thereto) or any 
portion thereof nor create or suffer to exist any lien or en- 
cumbrance upon the Industrial Buildings during the Loan 
Term. 

Sec. 8.8. No Pecuniary Liability. The Act prescribes, and 
the parties intend that by reason of making this Agree- 
ment, by reason of the issuance of the Bond, by reason of 
the performance of any act required of it by this Agree- 
ment, or by reason of the performance of any act requested 
of it by the Company, no indebtedness or charge against 
the general credit or taxing powers of the City within the 
meaning of any constitutional or charter provision or statu- 
tory limitation shall occur or shall ever constitute or give 
rise to any pecuniary liability of the City. Nevertheless, if 
the City shall incur any such pecuniary liability, then in 
such event the Company shall indemnify and hold the City 
harmless therefrom. 

Sec. 8.9. No Liability to Third Parties. Throughout the 
Loan Term, no person or entity contracting with the Com- 
pany with respect to the Industrial Buildings shall be reim- 
bursed by the City under any circumstances whatsoever. 
The City's issuance of the Bond and loan of the proceeds 
thereof to the Company shall in no way be construed as 
obligating the City in any way to any person or entity for 
the payment of any expense incurred with respect to the 
Industrial Buildings. 

ARTICLE IX. 

Assignment and Prepayment 

Sec. 9.1. No Assignment by Company. This Agreement 
may not be assigned by the Company without the prior 
written consent of the holder of the Bond. 

Sec. 9.2. Assignment by City. The City has, simultane- 
ously with the delivery of this Agreement, by execution 
and delivery of the Assignment, assigned all moneys due 
and to become due to the City under this Agreement and 



ORDINANCES 319 

all of the City's right, title and interest in and to, and 
remedies under, this Agreement and the Deed of Trust, to 
the Bank as agent for the holder of the Bond as security 
for the payment of the principal of and interest on the 
Bond and all sums payable under the Ordinance. The Com- 
pany agrees that it will make payment directly to the 
Bank as agent for the holder of the Bond of all sums speci- 
fied herein as amounts payable or to become payable by the 
Company, other than payments to be made to the City pur- 
suant to the fourth literary paragraph of Section 5.3 hereof 
and Sections 10.4, 12.2 and 12.9 hereof, notwithstanding 
any term of this Agreement or the non-performance by the 
City of any obligation hereunder, or any other matter or 
event whatsoever, including without limitation, the bank- 
ruptcy, insolvency, liquidation or nonexistence of the City, 
which might otherwise relieve the Company from the obli- 
gation to pay such amount, and that the same shall be paid 
at the respective times specified herein for the payment 
thereof, and the receipt by the Bank as agent for the holder 
of the Bond of such payments shall discharge the obliga- 
tions of the Company to the City hereunder to the extent 
thereof. The Company agrees that no such payment shall 
be subject to any right of setoff, counterclaim or any other 
defense which the Company may or might now or here- 
after have against the City, the Bank as agent for the 
holder of the Bond, or the holder of the Bond, and that all 
such payments shall be final, and the Company shall not 
seek to recover from the Bank as agent for the holder of 
the Bond for any reason whatsoever, any moneys paid by 
the Company to the Bank as agent for the holder of the 
Bond by virtue of this Agreement or the Assignment. The 
Assignment shall not impose on the Bank as agent for the 
holder of the Bond any of the duties, liabilities, or obliga- 
tions of the City hereunder, but the Bank as agent for the 
holder of the Bond shall acquire thereby all rights of the 
City hereunder to collect and receive all sums payable here- 
under, or amounts equal thereto, as are necessary to pay 
the Loan in full and to constitute the Bank as agent for 
the holder of the Bond the beneficiary of the obligations of 
the Company herein contained. 

Sec. 9.3. Prepayment of the Bond. Upon the payment of 
any amounts due under Section 5.3 hereof or elsewhere in 



320 ORDINANCES Ord. No. 704 

this Agreement and if adequate provision has been made 
to assure that money sufficient to effect prepayment will 
be on deposit with the Bank as agent for the holder of the 
Bond on the date fixed for prepayment (including any pre- 
mium or additional interest required under the Prepay- 
ment Provisions), the City or the assignee under the As- 
signment, at the request at any time of the Company, and 
if the same is then subject to prepayment, shall forthwith 
take all steps that may be necessary under the Prepay- 
ment Provisions to effect prepayment of all or part of the 
then outstanding principal and unpaid accrued interest on 
the Bond, on the earliest prepayment date on which such 
prepayment may be made under the Prepayment Provisions. 

Sec. 9.4. Reference to Bond Ineffective After Bond Paid. 
Except as provided in the sixth literary paragraph of Sec- 
tion 5.3 hereof, upon payment in full of the Bond and all 
fees and charges of the Bank, the Bank as agent for the 
holder of the Bond and the City, all references in this 
Agreement to the Bond shall be ineffective, and the holder 
of the Bond shall thereafter have no rights hereunder, 
saving and excepting those that shall have theretofore 
vested. 

ARTICLE X. 

Events of Default and Remedies 

Sec. 10.1. Defaults. It shall be an "event of default" 
under this Agreement, if any of the following shall occur: 

(a) Any representation or warranty made by the Com- 
pany herein or any statement or representation made in 
any certificate, report or opinion (including legal opinions) 
delivered pursuant to this Agreement, the Trust Agreement 
(including requisitions for funds under Section 5.2 thereof), 
the Deed of Trust or the Guaranty Agreement shall prove 
to have been incorrect in any material respect when made 
or shall be breached ; or 

(b) Default shall be made by the Company in the pay- 
ment of any amounts due under this Agreement when due 
and payable, whether at maturity, by obligation or election 
to prepay, or otherwise ; or 



ORDINANCES 321 

(c) Default shall be made by the Company in the due 
observance or performance of any other term, covenant or 
agreement herein contained, which default shall remain un- 
remedied for 30 days after written notice thereof shall 
have been given to the Company by the Bank as agent for 
the holder of the Bond or the holder of the Bond ; provided, 
however, if such default be such that it cannot be corrected 
within 30 days, it shall not be a default if the Company is 
taking appropriate corrective action to cure the default and 
if such default will not impair the security assigned to the 
Bank as agent for the holder of the Bond; or 

(d) Any obligation of the Company (other than its 
obligation hereunder) for the payment of borrowed money 
in excess of $50,000 becomes or is declared to be due and 
payable prior to the expressed maturity thereof; or 

(e) The Company or any subsidiary makes an assign- 
ment for the benefit of creditors, files a petition in bank- 
ruptcy, is adjudicated insolvent or bankrupt, petitions or ap- 
plies to any tribunal for any receiver or any trustee of the 
Company, or any subsidiary, or any substantial part of its 
property, or if the Company or any subsidiary commences 
any proceeding relating to the Company or any subsidiary 
under any reorganization, arrangement, re-adjustment of 
debt, dissolution or liquidation law or statute of any jurisdic- 
tion, whether now or hereafter in effect, or if there is com- 
menced against the Company or any subsidiary any such 
proceeding which remains undismissed for a period of 30 
days, or if the Company or any subsidiary by any act indi- 
cates its consent to, approval of or acquiescence in any such 
proceeding or the appointment of any receiver of or any 
trustee for the Company, or any subsidiary, or any sub- 
stantial part of its property, or suffers any such receiver- 
ship or trusteeship to continue undischarged for a period 
of 30 days ; or 

(f ) Any judgment against the Company, or any attach- 
ment or other levy against the property of the Company 
with respect to a claim, for any amount in excess of $50,000 
remains unpaid, unstayed on appeal, undischarged, un- 
bonded or undismissed for a period of 30 days ; or 

(g) Default shall be made by the Company in the due 
observance or performance of any term, covenant or agree- 



322 ORDINANCES Ord. No. 704 

ment contained in the Trust Agreement or the Deed of 
Trust which shall remain unremedied for any applicable 
grace period, if any, specified in the Trust Agreement or 
the Deed of Trust, respectively ; or 

(h) An Event of Default shall occur under the Guar- 
anty Agreement; or 

(i) Any change shall occur in the financial condition or 
operation of the Company, which, in the opinion of the 
holder of the Bond, would have a substantial adverse affect 
on the Company's credit worthiness or its ability to operate 
properly, and as a result thereof the holder of the Bond, 
in good faith, shall have determined that the security for 
the Loan is inadequate or that the prospect of payment of 
the Loan has been impaired. 

Sec. 10.2. Remedies on Default Whenever any "event of 
default" described in Section 10.1 hereof shall have occurred: 

(a) The Bank as agent for the holder of the Bond, or 
the holder of the Bond, may. by written notice to the Com- 
pany, declare forthwith due and payable the principal of 
and interest on the Loan and all other moneys payable 
hereunder, whereupon the same will become forthwith due 
and payable, without further protest, presentment, notice 
or demand, all of which are expressly waived by the 
Company. 

(b) The Bank as agent for the holder of the Bond, or 
the holder of the Bond, or the City, may from time to time 
take whatever action at law or in equity may appear neces- 
sary or desirable to collect the moneys payable by the Com- 
pany hereunder, (whether then due or thereafter to become 
due), or to enforce performance and observance of any ob- 
ligation, agreement or covenant of the Company under this 
Agreement. 

Sec. 10.3. No Remedy Exclusive. No remedy herein con- 
ferred upon or reserved to the City or the holder of the 
Bond or the Bank as agent for the holder of the Bond is 
intended to be exclusive of any other available remedy or 
remedies, but each and every such remedy shall be cumu- 
lative and shall be in addition to every other remedy given 
under this Agreement or now or hereafter existing at law 



ORDINANCES 328 

or in equity or by statute. No delay or omission to exercise 
any right or power accruing upon any default shall impair 
any such right or power or shall be construed to be a 
waiver thereof, but any such right or power may be exer- 
cised from time to time and as often as may be deemed 
expedient. In order to entitle the City, the holder of the 
Bond or the Bank as agent for the holder of the Bond to 
exercise any remedy reserved to them in this Article, it 
shall not be necessary to give any notice, other than such 
notice as may be herein expressly required. Such rights and 
remedies as are given the City hereunder shall also extend 
to the Bank as agent for the holder of the Bond ; and the 
Bank as agent for the holder of the Bond and the holder 
of the Bond, subject to the provisions of the Ordinance, 
shall be entitled to the benefit of all covenants and agree- 
ments herein contained. 

Sec. 10.4. Agreement to Pay Attorney's Fees and Ex- 
penses. In the event the Company should default under any 
of the provisions of this Agreement, and the City or the 
Bank as agent for the holder of the Bond or the holder of 
the Bond shall hire attorneys or incur other expenses for 
the collection of the payments due hereunder or the en- 
forcement or performance or observance of any obligation 
or agreement on the part of the Company herein contained, 
the Company agrees that it will on demand therefor pay to 
the City, the Bank as agent for the holder of the Bond, 
and the holder of the Bond the reasonable fees of such 
attorneys and such other reasonable expenses incurred by 
the City, the Bank as agent for the holder of the Bond, or 
the holder of the Bond. 

Sec. 10.5. No Additional Waiver Implied by One Waiver. 
In the event any term, covenant or agreement contained in 
this Agreement shall be breached by either party and there- 
after waived by the other party, such waiver shall be 
limited to the particular breach hereunder. 

ARTICLE XI. 

Prepayment 

Sec. 11.1. Optional Prepayment. The Company shall have 
the right upon two Banking Days' prior written notice to 



324 ORDINANCES Ord. No. 704 

the City and the Bank as agent for the holder of the Bond 
and the holder of the Bond, to prepay the moneys due here- 
under in whole or in part on any interest payment date, 
provided that (i) each partial prepayment shall be in the 
amount of $19,000 or a multiple thereof, (ii) interest on 
the amount prepaid accrued to the prepayment date, shall 
be paid on such prepayment date, and (iii) each partial 
prepayment shall be applied to the principal due hereunder 
in the inverse order of the installment payment dates. Such 
prepayment shall be without premium or penalty unless 
such prepayment shall be made on or before March 1, 1979, 
in which event a premium in the amount of 3% of the 
principal amount to be prepaid shall be charged on such 
prepayment. 

Sec. 11.2. Mandatory Prepayment. The Company shall be 
obligated to prepay the amounts due hereunder if, prior to 
the expiration of the Loan Term and prior to the full pay- 
ment of the Bond, any of the following shall have occurred: 

(a) As a result of any change in the Constitution of 
the State of Maryland, or the Constitution of the United 
States of America, or of legislative or administrative action 
(whether State or federal), this Agreement or the Ordi- 
nance shall have become void or unenforceable or impossible 
of performance in accordance with the intent and purposes 
of the parties as expressed in this Agreement or in the 
Ordinance; or 

(b) The Company shall, for any reason whatsoever, 
discontinue the use and occupancy of the Industrial Build- 
ings, or any part thereof, for their intended purposes. 

The Company shall, within 10 days following knowledge 
by it of any of the events obligating the Company to prepay 
the amounts due hereunder, give written notice to the 
County, the Bank as agent for the holder of the Bond, and 
the holder of the Bond, indicating whether any of the prin- 
cipal of or interest on the Bond shall then be unpaid, and 
shall specify therein the proposed date of such prepayment, 
which date shall be not less than 15 nor more than 45 days 
from the date such notice is mailed, and shall make ar- 
rangements satisfactory to the Bank as agent for the holder 
of the Bond and the holder of the Bond for the prepayment 
of the Bond. 



ORDINANCES 325 

The amount payable by the Company pursuant to the 
provisions of this Section shall be the sum of the following 
(i) an amount of money which when added to the amount 
on deposit with the Bank as agent for the holder of the 
Bond for payment of the Bond, if any, will be sufficient to 
prepay all the outstanding principal of and accrued and 
unpaid interest on the Bond, including all payment ex- 
penses; plus (ii) an amount of money equal to the fees and 
expenses of the Bank, the fees and expenses of the Bank 
as agent for the holder of the Bond, and the fees and ex- 
penses of the City, if any, accrued and to accrue until such 
final payment of the Bond. 

ARTICLE XII. 

Miscellaneous 

Sec. 12.1. Notices. All notices, certificates or other writ- 
ten communications hereunder shall be sufficiently given 
and shall be deemed given when mailed by registered mail, 
postage prepaid, addressed as follows: if to the City, to the 
Deputy Treasurer of the City, City Hall, Baltimore, Mary- 
land 21202; if to the Company, to , 
Ansam Metals Corporation, 1026 East Patapsco Avenue, 
Baltimore, Maryland 21225; and, if to the Bank as agent 
for the holder of the Bond, to The Equitable Trust Com- 
pany, Calvert and Fayette Streets, 21203. A duplicate copy 
of each notice, certificate or other communication given 
hereunder by either the City or the Company to the other 
shall also be given to the Bank as agent for the holder of 
the Bond. The City, the Company, the Bank as agent for 
the holder of the Bond, and the holder of the Bond, may, by 
written notice given hereunder, designate any further or 
different addresses to which subsequent notices, certificates 
or other communications shall be sent. 

Sec. 12.2. Expenses. The Company agrees to pay, whether 
out of the proceeds of the Loan or other funds, all rea- 
sonable expenses of the City, the Bank, the Bond Registrar 
(referred to in the Ordinance) and the Bank as agent for 
the holder of the Bond (including the fees and expenses of 
their counsel) in connection with the issuance of the Bond 
and the transactions contemplated hereby, including all 
costs of recording and filing (fees and taxes). In addition, 



326 ORDINANCES Ord. No. 704 

upon notice in writing from the Bank as agent for the 
holder of the Bond to the Company that the holder of the 
Bond or the Bank as agent for the holder of the Bond has 
incurred any tax liability or other expenses resulting from 
the imposition by the United States Government of taxes or 
other levies in connection with this Agreement other than 
taxes heretofore mentioned in Section 11.2, the Company 
agrees to pay any and all such taxes or expenses. So long as 
the Bank is the holder of the Bond, the Bank as agent for 
the holder of the Bond shall not charge a fee for its ordinary 
services in such capacity. In no event shall any services or 
action rendered or taken by the Bank as agent for the 
holder of the Bond occasioned by any event of default here- 
under be deemed "ordinary services." During such period 
as the Bond, or any part thereof, is held by anyone other 
than the Bank, the Company shall pay directly to the Bank 
as agent for the holder of the Bond a reasonable fee suffi- 
cient to compensate it for its services in such capacity as 
agent for the holder of the Bond, and failure to pay such 
fee shall be deemed an event of default under this Agree- 
ment. 

Sec. 12.3. Books and Records. The City, the holder of the 
Bond and the Bank as agent for the holder of the Bond, in 
the event any of the principal of and interest on the Bond 
shall at the time be outstanding and unpaid, may have 
access to and inspect, examine, and make copies of the 
books and records and any and all accounts, data and in- 
come tax and other tax returns of the Company. 

Sec. 12.4. Binding Effect. This Agreement shall inure to 
the benefit of and shall be binding upon the City, the Com- 
pany, and their respective successors and assigns. 

SEC. 12.5. Severability. In the event any provision of this 
Agreement shall be held invalid or unenforceable by any 
court of competent jurisdiction, such holding shall not 
invalidate or render unenforceable any other provision 
hereof. 

Sec. 12.6. Amounts Remaining with Bank. It is agreed by 
the parties hereto that any amounts remaining with the 
Bank as agent for the holder of the Bond upon expiration 



ORDINANCES 327 

or sooner termination of the Loan Term, as provided in this 
Agreement, after payment in full of the Bond and the fees, 
charges and expenses of the Bank, the Bank as agent for 
the holder of the Bond and the City and all other expenses 
required to be paid under this Agreement, the Deed of 
Trust, the Trust Agreement and the Guaranty Agreement, 
shall belong to and be paid to the Company by the Bank as 
agent for the holder of the Bond as an overpayment of the 
amounts due hereunder. 

Sec. 12.7. Amendments, Changes and Modifications. Ex- 
cept as otherwise provided in this Agreement, subsequent 
to the issuance of the Bond and prior to its payment in full, 
this Agreement may not be amended, changed, modified, 
altered, or terminated without the prior written consent of 
the Bank as agent for the holder of the Bond and the holder 
of the Bond. 

Sec. 12.8. Executed Counterparts. This Agreement may 
be executed in several counterparts, each of which shall be 
an original and all of which shall constitute but one and the 
same instrument. 

Sec. 12.9. Indemnification of City and Bank. The Com- 
pany shall protect, indemnify, and save harmless the City, 
the Bank and the Bank as agent for the holder of the Bond 
and their respective officers, employees and agents against 
and from any and all liabilities, suits, actions, claims, de- 
mands, losses, expenses and costs of every kind and nature 
incurred by, or asserted or imposed against, the City, the 
Bank, the Bank as agent for the holder of the Bond and 
their respective officers, agents or employees, or any of 
them, by reason of any accident, injury (including death) 
or damage to any person or property, howsoever caused, 
resulting from, connected with or growing out of any act 
of commission or omission of the Company, or any officers, 
employees, agents, assignees, contractors or subcontractors 
of the Company, or any use, non-use, possession, occupa- 
tion, condition, operation, service, design, construction, 
acquisition, maintenance or management of, or on, or in 
connection with, the Industrial Buildings or any part 
thereof, during the term of this Agreement and regardless 



328 ORDINANCES Ord. No. 704 

of whether such liabilities, suits, actions, claims, demands, 
damages, losses, expenses and costs be against or be suf- 
fered or sustained by the City, the Bank, or the Bank as 
agent for the holder of the Bond or any of their respective 
officers, agents or employees, or be against or be suffered 
or sustained by other persons, corporations, or other legal 
entities to whom the City, the Bank, or the Bank as agent 
for the holder of the Bond or any of their respective officers, 
agents or employees may become liable therefor. The City 
shall not be liable for any damage or injury occurring 
during the term of this Agreement, to the persons or 
property of the Company or any of its officers, agents, in- 
cluding operating personnel, contractors and employees, or 
any other person or entity who or which may be upon the 
Industrial Buildings, due to any act or negligence of any 
person or entity other than the City, its officers, agents, 
servants and employees. The Company may, and if so re- 
quested by the City, the Bank, or the Bank as agent for the 
holder of the Bond shall, undertake to defend, at its sole 
cost and expense, any and all suits, actions or proceedings 
brought against the City, the Bank, or the Bank as agent 
for the holder of the Bond or any of their respective officers, 
agents or employees in connection with any of the matters 
mentioned in this Section, provided that the City, the Bank, 
or the Bank as agent for the holder of the Bond shall give 
the Company timely notice of and shall forward to the Com- 
pany every demand, notice, summons or other process re- 
ceived with respect to any claim or legal proceedings within 
the purview hereof. 

Sec. 12.10. Filing. The security interest created herein 
and by the Assignment shall be perfected by the filing of 
financing statements which fully comply with the Maryland 
Uniform Commercial Code — Secured Transactions, in the 
office of the Clerk of the Superior Court of Baltimore City, 
Maryland, and in the Office of the State Department of As- 
sessments and Taxation, in the City of Baltimore, Mary- 
land, and by the recording of the Deed of Trust among the 
Land Records of Baltimore City, Maryland, to the end that 
the rights of the holder of the Bond and the Bank as agent 
for the holder of the Bond shall be fully preserved as 
against creditors of, or purchasers for value from, the City 
or the Company. The parties further agree that all neces- 



ORDINANCES 329 

sary continuation statements shall be filed within the time 
prescribed by the Maryland Uniform Commercial Code — 
Secured Transactions, in order to continue the security in- 
terest created by this Agreement and the Assignment. 

Sec. 12.11. Net Agreement. This Agreement shall be 
deemed and construed to be a "net agreement", and the 
Company shall repay absolutely net during the Loan Term 
all payments required hereunder, free of any deductions, 
without abatement deduction or set off. 

Sec. 12.12. Law Governing Construction of Agreement. 
This Agreement shall be governed by, and construed in ac- 
cordance with, the laws of the State of Maryland. 

SEC. 12.13. Exculpation for City. Nothing in this Loan 
Agreement shall be construed as creating any pecuniary lia- 
bility by the City to the Bank as agent for the holder of the 
Bond or to the holder of the Bond. 

IN WITNESS WHEREOF, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, MARYLAND has caused this 
Agreement to be executed by the manual signature of its 
Mayor, and its corporate seal to be impressed hereon, and 
attested by the manual signature of its Deputy Treas- 
urer; and ANSAM METALS CORPORATION has caused 
this Agreement to be executed by the manual signature of 
its , and its corporate seal to be im- 

pressed hereon, and attested by its Secretary or its As- 
sistant Secretary all being done as of the day and year 
first above written. ATTEST: 



MAYOR AND CITY COUNCIL OF BALTIMORE. 

- By 

Deputy Treasurer Mayor 



[CITY SEAL] ANSAM METALS CORPORATION 
- By 



[COMPANY SEAL] 



330 ORDINANCES Ord. No. 704 

EXHIBIT A 

to 

Loan Agreement dated as of , 1978 

by and between Mayor and City Council of Baltimore 

and Ansam Metals Corporation 

DESCRIPTION OF INDUSTRIAL BUILDINGS 

The construction of the Industrial Buildings, which will 
be located at 1026-1028 East Patapsco Avenue, Baltimore, 
Maryland, must be carried out in stages so as to cause as 
little interference with normal operations as possible. 

Initially a two story masonry office building must be built 
adjacent to the existing receiving area. Upon completion of 
the new office space, that portion of the existing building 
now housing the offices must be demolished to make space 
required for the construction of a one story masonry 
shipping and receiving building addition that will be capa- 
ble of holding four trucks. When the truck bays are com- 
pleted, a truck scale is to be installed adjacent to the 
shipping and receiving building. The new masonry buildings 
will have structural steel framing, concrete floors and steel 
roof decking. 

There presently exists on the property another masonry and 
metal siding structure. All portions of buildings that are 
metal siding will be concealed behind a facing of concrete 
structural "Tees" set vertically and presenting a more 
aesthetically pleasing facade and a building more secure 
from a burglary standpoint. A twelve foot wide bay must 
be removed from three sides of the north end of this 
building prior to the installation of the new facing material. 

After the above installations are completed, there will be 
added to the rear, with connections to both installations, a 
warehouse of approximately 34,600 square feet, with either 
masonry or processed concrete walls, concrete floors and 
steel deck roof on steel structure. 

It is anticipated that approximately forty employees will 
work at the facility. 

The entire Industrial Buildings and appurtenances will 
be designed to meet local r.nd state codes and zoning. 



ORDINANCES 331 

All necessary or required soil tests, grading compaction 
tests, and concrete tests will be taken during the entire con- 
struction period to insure proper construction methods and 
procedures. 

The Industrial Buildings will be completed in accordance 
with the Plans and Specifications referred to and defined in 
the Trust Agreement (as defined in the Loan Agreement to 
which this Exhibit A is attached) . 

Sec. 12. Be it further ordained, That the Assignment by 
which the City assigns to the Bank as agent for the holder 
of the Bond all of its right, title and interest in and to, 
and remedies under the Loan Agreement and moneys due 
and to become due the City thereunder, and all collateral 
pledged thereunder, and all of its right, title and interest 
in and to and remedies under, the Deed of Trust, shall be 
substantially in the following form, and the form, with 
such changes therein as the Mayor of the City shall approve 
(such approval to be conclusively evidenced by the execu- 
tion and delivery of the Assignment by the Mayor of the 
City), is hereby adopted by the City as and for the form 
and tenor of the obligation to be performed, and the Assign- 
ment is hereby made binding upon the City. 

FORM OF ASSIGNMENT 

ASSIGNMENT 

For the benefit of the holder, from time to time, of the 
City of Baltimore, Maryland Industrial Development Reve- 
nue Bond (Ansam Metals Corporation Project) in the prin- 
cipal amount of $750,000 dated as of March 1, 1978 (herein 
called the "Bond"), and as security for the due and punctual 
payment of the principal of and interest due on the Bond 
and as security for the performance by Mayor and City 
Council of Baltimore, (herein called the "City"), of any 
other obligations under Ordinance No. of the City, 

approved by the Mayor of the City on , 1978 

(herein called the "Ordinance"), the City hereby pledges 
and assigns to The Equitable Trust Company as agent for 
the holder of the Bond (in such capacity herein called the 
"Assignee"), the following: (a) all right, title and interest 
of the City in, to and under that certain Loan Agreement 



332 ORDINANCES Ord. No. 704 

dated as of the date hereof (herein called the "Loan 
Agreement"), between the City and Ansam Metals Cor- 
poration, a Maryland corporation (herein called the "Com- 
pany"), together with all moneys due and to become due 
to the City thereunder (except any payments to be made 
to the City pursuant to the fourth literary paragraph of 
Section 5.3 of the Loan Agreement and Sections 10.4, 12.2 
and 12.9 of the Loan Agreement), and all collateral pledged 
from time to time thereunder as security for the loan in 
the amount of $750,000 made by the City to the Company 
on the date hereof (the "Loan"), which Loan is evidenced 
and secured by the Loan Agreement, and all rights and 
remedies of the City thereunder, and the City hereby ap- 
points the Assignee as agent for the purpose of receiving 
and disbursing such moneys due and to become due under 
the Loan Agreement, (b) all right, title and interest of 
the City in, to and under that certain Deed of Trust dated 
as of the date hereof (herein called the "Deed of Trust"), 
between the Company and and 

, trustees, executed and delivered by the Com- 
pany as security for the Loan. 

The Assignee shall not by the acceptance of this Assign- 
ment be deemed to assume, or in any way to become re- 
sponsible for the performance of, any of the duties, 
undertakings or obligations of the City under the Loan 
Agreement, except as specifically set forth herein. 

The Assignee, by the acceptance hereof, hereby agrees 
with the City for the benefit of the holder of the Bond as 
follows : 

A. The Assignee shall receive and hold the rights and 
moneys hereby assigned, in trust, for the benefit of the 
holder from time to time of the Bond and shall promptly 
apply all moneys from time to time received and held by 
the Assignee hereunder in the following order of priority: 
first, to the payment when due of interest (including ad- 
ditional interest, if any), and premium, if any, on the 
Bond; second, to the payment when due of principal of 
the Bond ; third, to the payment of any additional expenses 
as provided in Sections 5.3, 10.4, 12.2 and 12.9 of the Loan 
Agreement; and, fourth, as to any balance remaining with 
the Assignee upon expiration or earlier termination of the 



ORDINANCES 333 

Loan Term as described in the Loan Agreement, to the 
Company in accordance with the provisions of Section 12.6 
of the Loan Agreement. The Assignee further agrees that 
it shall enforce, at the direction of the holder of the Bond, 
each and every right granted to the City pursuant to the 
Loan Agreement and the Deed of Trust, and that nothing 
in the aforesaid instruments, or this Assignment, shall 
obligate the City to act or refrain from acting under such 
instruments, it being understood that the holder of the 
Bond shall look solely to the Bank as agent for the holder 
of the Bond pursuant to this Assignment for enforcement 
of its rights and remedies under the Loan Agreement, the 
Deed of Trust, the Bond, and the Guaranty Agreement 
referred to in the Loan Agreement. 

B. The Assignee accepts this Assignment upon the fol- 
lowing express terms and conditions: 

1. The Assignee shall not be liable or responsible for 
any action taken or omitted by it under this Assignment 
or with respect to the Bond, except for its own gross negli- 
gence or willful misconduct ; 

2. The holder of the Bond (other than the Assignee) 
shall indemnify and hold the Assignee harmless against any 
cost or expense (including counsel fees) and against any 
loss or liability (except such as results from the Assignee's 
own gross negligence or misconduct), which the Assignee 
may suffer or incur by reason of any action taken or omitted 
by the Assignee hereunder; 

3. The Assignee shall carry out its duties hereunder in 
accordance with the express provisions of this Assignment 
and the Loan Agreement, provided that, as to any matters 
not expressly provided for, the Assignee may act and re- 
frain from acting in its reasonable discretion ; and 

4. Nothing in this Assignment shall be construed as 
creating any pecuniary liability on the part of the City to 
the holder of the Bond. 

This Assignment shall constitute a first lien upon the 
rights of the City under (a) the Loan Agreement and of 
all moneys due and to become due to the City thereunder, 
and the collateral pledged thereunder, and (b) the Deed of 
Trust, subject to no equal or prior lien or encumbrance of 



334 ORDINANCES Ord. No. 704 

any nature whatsoever. With respect to the security interest 
created hereby, the Assignee shall have all of the rights 
and remedies of a secured party under the Maryland Uni- 
form Commercial Code. 

IN WITNESS WHEREOF, the City has caused this As- 
signment to be duly executed by its Mayor by his manual 
signature and has caused its official seal to be hereunto 
affixed and attested by its Deputy Treasurer by his manual 
signature, all as of the day of , 1978. 

ATTEST: 

MAYOR AND CITY COUNCIL OF BALTIMORE 

Deputy Treasurer Mayor 

[CITY SEAL] 

ACCEPTED: 

THE EQUITABLE TRUST COMPANY 

ACKNOWLEDGMENT 

The undersigned hereby acknowledges receipt of notice 
of the foregoing Assignment, and intending to be legally 
bound, hereby agrees with the Assignee therein named (1) 
to pay directly to the Assignee all moneys due and to become 
due from the undersigned under the Loan Agreement re- 
ferred to in the Assignment, (2) to perform for the benefit 
of the Assignee all of the duties and undertakings of the 
undersigned under the Loan Agreement referred to in the 
Assignment, and (3) that the Assignee shall not be obli- 
gated by reason of the Assignment to perform or be re- 
sponsible for the performance of any of the duties, under- 
takings or obligations of the County under the Loan 
Agreement. 

IN WITNESS WHEREOF, the undersigned has caused 
this Acknowledgment to be duly executed in its name and 
its seal to be hereunto affixed and attested by its duly 
authorized officers, all as of the day of , 1978. 

ATTEST: ANSAM METALS CORPORATION 

- By _ _ 



ORDINANCES 335 

Sec. 13. Be it further ordained, That the Trust Agree- 
ment by and between the Company and the Trustees pur- 
suant to which the proceeds of the Loan will be deposited 
in trust with the Trustees and held, invested and disbursed 
by them as therein provided, shall be substantially in the 
following form, and the form, with such changes therein 
as the Mayor of the City shall approve (such approval to 
be conclusively evidenced by the execution of the Trust 
Agreement by the Mayor of the City for the limited pur- 
pose therein provided), is hereby adopted by the City as 
and for the form and tenor of the Trust Agreement. 

FORM OF TRUST AGREEMENT 

TRUST AGREEMENT 

THIS TRUST AGREEMENT is made as of the day 

of , 1978, by and between ANSAM METALS 

CORPORATION, a Maryland corporation, (the "Company" ) 
and and , 

Trustees (the "Trustees"). 

RECITALS 

A. Pursuant to, and in accordance with, the authority 
set forth in Article 41, Sections 266A through 266-1 of the 
Annotated Code of Maryland (1971 Repl. Vol., 1977 Cum. 
Supp.), as amended (the "Act"), the Company has received 
from Mayor and City Council of Baltimore (the "City"), 
a loan in the amount of $750,000 (the "Loan'M evidenced 
and secured by a Loan Agreement between the City and 
the Company of even date herewith (the "Loan Agree- 
ment"), and also secured by a Deed of Trust between the 
Company and and , 
Trustees (the "Deed of Trust"). The proceeds of the Loan 
will be used to finance the acquisition (as that term is de- 
fined in the Act) of certain "industrial buildings" (as that 
term is defined in the Act) to be located in the City of 
Baltimore (the "Industrial Buildings"), which Industrial 
Buildings are more particularly described in Exhibit A at- 
tached to and made a part of the Loan Agreement. 

B. The City has borrowed the money necessary to ac- 
complish the aforesaid financing by issuing, pursuant to the 



336 ORDINANCES Ord. No. 704 

Act, its City of Baltimore, Maryland Industrial Develop- 
ment Revenue Bond (Ansam Metals Corporation Project), 
in the principal amount of $750,000 dated as of March 1, 
1978 (the "Bond"), which Bond has, on the date of the 
delivery hereof, been purchased at par from the City by 
The Equitable Trust Company, a Maryland banking cor- 
poration (the "Bank"). 

C. The issuance, sale and delivery of the Bond by the 
City has been authorized by the Act and by Ordinance 
No. of the City approved by the Mayor of the City 
on , 1978 (the "Ordinance"). 

D. The City has made the Loan, and the Bank has pur- 
chased the Bond, upon the condition that this Trust Agree- 
ment be executed and delivered to assure the application 
of the proceeds of the Loan to the acquisition of the In- 
dustrial Buildings, in accordance with the description of 
the Industrial Buildings set forth in Exhibit A to the Loan 
Agreement. 

NOW, THEREFORE, this Trust Agreement witnesses: 

1. Completion. The Company covenants and agrees to 
complete the acquisition of the Industrial Buildings as de- 
scribed in Exhibit A to the Loan Agreement and in ac- 
cordance with the plans and specifications prepared by 

(the "Architect") heretofore sub- 
mitted to and approved by the Bank and by the Depart- 
ment of Housing and Community Development (the "Plans 
and Specifications") and in accordance with the construc- 
tion contract dated between the Com- 
pany and (the "General Contractor") 
heretofore submitted to and approved by the Bank, on or 
before , 19 . 

2. Receipt by Trustees. The Trustees have received from 
the Company the sum of $750,000 (the "Deposit"), which 
sum represents the proceeds from the sale of the Bond, and 
have deposited the same to their credit as Trustees in a 
special account with the Bank to be held, invested and 
paid out by the Trustees as hereinafter provided. The De- 
posit shall be disbursed in accordance with the provisions 
of paragraphs 5 and 6 of this Trust Agreement and shall 



ORDINANCES 337 

be made as the acquisition of the Industrial Buildings 
progresses. 

3. Investment of Deposit. The Deposit shall be invested 
by the Trustees as set forth in Section 4.6 of the Loan 
Agreement, and any profits of such investment shall be 
paid over by the Trustees to the Bank as agent for the 
holder of the Bond, and applied by the Bank as agent for the 
holder of the Bond, as set forth in such Section 4.6. 

4. Costs of Industrial Buildings; Additional Funds. 
The Company hereby covenants and agrees with the Trus- 
tees for the benefit of the City and the Bank as agent for 
the holder of the Bond, that (a) the total costs of the ac- 
quisition of the Industrial Buildings shall not exceed the 
sum of $1,000,000.00, unless the prior written consent to 
exceed such sum is obtained from the Bank as agent for 
the holder of the Bond, (b) all costs of the acquisition of 
the Industrial Buildings (including all items of cost set 
forth in Section 4.3 of the Loan Agreement) in excess of 
the undisbursed balance of the Deposit, from time to time, 
will be paid by the Company from sources other than the 
Loan, free of all liens except the deed of trust, (c) no more 
than 75% of the costs of the Industrial Buildings shall be 
paid from the proceeds of the Bond. As a condition to 
granting its consent to any request that the total costs of the 
Industrial Buildings be permitted to exceed $1,000,000.00, 
the Bank as agent for the holder of the Bond may require 
that the Company deposit with the Trustees a sum of 
money equal to the amount by which the total costs of the 
Industrial Buildings will exceed $1,000,000.00. 

5. Disbursements. 

5.1 Not Assignable. The Deposit shall not be as- 
signable by the Company nor subject to the process of any 
court upon legal action by or against the Company or by 
or against anyone claiming under or through it, and for the 
purposes of this Agreement, the Deposit shall remain in the 
custody of the Trustees until the Company complies with 
each and all of the provisions hereof, provided, however, 
that nothing herein contained shall be considered as in 
anywise modifying, affecting or subordinating the obliga- 
tions heretofore given or to be given by the Company as 
security for the Loan, and the same shall be and remain in 



338 ORDINANCES Ord. No. 704 

full force, tenor and effect, this Agreement being intended 
only as additional security and protection for the Loan and 
to assure its use for the purposes intended by the City, the 
Bank as agent for the holder of the Bond and the Company. 

5.2 Requisitions. Disbursements by the Trustees 
shall be made on requisitions signed by the Authorized 
Company Representative referred to in the Loan Agreement, 
on behalf of the Company, setting forth (a) the name of 
the person, firm or corporation to whom payment is due, 
(b) the amount to be paid, and (c) the purpose in reason- 
able detail for which the obligation to be paid was incurred. 
Each requisition for construction costs shall include the 
AIA approved form which shall be signed by the General 
Contractor, and approved and signed by an engineer or 
inspector representing the Bank, as agent for the holder 
of the Bond. Each requisition shall contain the certification 
by the Authorized Company Representative referred to in 
the Loan Agreement that (a) none of the items for which 
funds are being requisitioned has formed the basis for any 
disbursement theretofore made by the Trustees hereunder, 
(b) each item for which funds are being requisitioned is 
necessary in connection with the acquisition of the Indus- 
trial Buildings as described in Exhibit A attached to and 
made a part of the Loan Agreement, (c) all of the funds 
being requisitioned are being used in compliance with Sec- 
tion 103(b) (2) of the Internal Revenue Code and Treasury 
Regulations thereunder, and that substantially all of such 
funds are being used for the acquisition, construction or 
installation of land or of property of a character subject to 
the allowance for depreciation as prescribed in Section 
103(b) (6) (A) of the Internal Revenue Code and the Treas- 
ury Regulations thereunder, (d) all items for which funds 
have been requisitioned pursuant to prior requisitions have 
been paid in full and there are no claims, existing or 
threatened, against the Company or any other party with 
respect thereto, and (e) the total funds disbursed by the 
Trustees from the Deposit pursuant to prior requisitions 
plus 75% of the funds being requisitioned by the current 
requisition do not exceed 75% of the total funds requi- 
sitioned (including those being requisitioned by the current 
requisition). No disbursement will be made for any ma- 
terials until the same have been delivered and stored at 



ORDINANCES 339 

the construction site and for which adequate security pre- 
cautions and insurance coverage have been provided satis- 
factory in all respects to the Bank as agent for the holder 
of the Bond. In order to ensure that no more than 75% 
of the costs of the Industrial Buildings shall be paid from 
the proceeds of the Bond, and that the balance of the costs 
of the Industrial Buildings shall be paid by the Company 
from funds other than the proceeds of the Bonds, the 
Trustees shall disburse no more than 75% of the amount 
requisitioned by each requisition. The remaining 25% of 
the amount requisitioned shall be paid by the Company 
from sources other than the proceeds of the Bond. All dis- 
bursements hereunder will be made directly to the Company ; 
or, if directed to do so by the Bank as agent for the holder 
of the Bond, the Trustees shall make all advances jointly 
to the Company and the General Contractor, or jointly to 
the Company and any subcontractor, laborer, materialman, 
or person furnishing labor, services, or materials used or 
to be used in the acquisition of the Industrial Buildings. 
The Trustees shall have a period of ten (10) banking days 
within which to fund each requisition. Requisitions for 
indirect costs (meaning all costs not included in the con- 
struction contract between the Company and the General 
Contractor) must be approved in writing by the Bank as 
agent for the holder of the Bond prior to any disbursement 
by the Trustees of any portion of the Deposit for any such 
indirect costs. 

5.3 Completion of Acquisition. After completion of 
the acquisition of the Industrial Buildings and payment of 
all costs in connection therewith, any balance remaining in 
the Deposit shall be applied by the Trustees as set forth in 
the last literary paragraph of Section 4.3 of the Loan 
Agreement. 

5.4 Liability of the Trustees, the City, the Bank and 
the Bank as agent for the holder of the Bond. The Trustees, 
the City, the Bank, and the Bank as agent for the holder of 
the Bond, shall in no event be responsible or liable to any 
person other than the Company for the disbursement of or 
failure to disburse the Deposit or any part thereof and 
neither the General Contractor nor any subcontractor nor 
material supplier shall have any right or claim against the 



340 ORDINANCES Ord. No. 704 

Bank, the City or the Trustees under this Agreement or 
the administration thereof. 

6. Conditions Precedent to Disbursements. With each 
request for a disbursement hereunder, the Company shall 
deliver to the Trustees a requisition covering the disburse- 
ment requested meeting the requirements of paragraph 5.2 
hereof. The following shall be conditions precedent to each 
such disbursement: 

(a) the Company shall not be in default in the per- 
formance of the terms and provisions of this Agreement or 
the Loan Agreement; 

(b) there shall be sufficient time in the opinion of 
the Bank as agent for the holder of the Bond, to complete 
the acquisition of the Industrial Buildings within the period 
of time provided in Section 1 hereof; and 

(c) all items included in all prior requisitions shall 
have been paid in full and there shall be no claims, existing 
or threatened, against the Company or any other party with 
respect to any such item. 

7. Covenants of the Company. The Company represents 
and warrants to and covenants with the Trustees for the 
benefit of the City and the Bank as agent for the holder of 
the Bond, that: 

7.1 The Industrial Buildings and the use thereof for 
their intended purposes will not violate any zoning or other 
ordinance or law or agreement of the Company applicable 
to the Industrial Buildings or their use, that the Plans and 
Specifications for the acquisition of the Industrial Buildings 
have been approved by all governmental authorities having 
jurisdiction, and that all necessary building permits have 
been obtained or will be obtained. 

7.2 The Company will furnish to the Trustees, 
upon request, assurances satisfactory to the City and the 
Bank that funds necessary to complete the acquisition of 
the Industrial Buildings in excess of sums in the Deposit 
have been advanced by the Company. 

7.3 No changes will be made in the Industrial Build- 
ings to be acquired as described in Exhibit A attached to 



ORDINANCES 341 

and made a part of the Loan Agreement or in the Plans 
and Specifications without the prior written approval of 
the Bank as agent for the holder of the Bond. 

7.4 The Company will pay the fees of any profes- 
sional engineer representing the Bank as agent for the 
holder of the Bond. 

7.5 The Company is, and shall remain, a corporation 
organized, existing and in good standing under the laws of 
the State of Maryland. 

8. Default. Upon the occurrence of an event of default 
under this Agreement, the Trustees, at the request of the 
Bank as agent for the holder of the Bond, shall apply the 
balance of the Deposit then in their hands as provided in 
the last literary paragraph of Section 4.3 of the Loan 
Agreement. It shall be an event of default under this 
Agreement: 

(a) if any representation or warranty made by the 
Company in this Agreement or in any requisition delivered 
pursuant hereto is false, misleading or incorrect in any 
respect; or 

(b) if the Company shall default in the perform- 
ance of any covenant or agreement contained in this Agree- 
ment and such default shall continue for 30 days after writ- 
ten notice to the Company of the existence of such default; 
provided, however, if such default be such that it cannot be 
corrected within 30 days, it shall not be a default if the 
Company is taking appropriate corrective action to cure 
such default and if in the determination of the Bank as 
agent for the holder of the Bond, such default does not 
impair the security for the Bond. 

(c) if the City or the Bank as agent for the holder 
of the Bond, shall advise the Trustees that an event of 
default has occurred and is continuing under the Loan 
Agreement or any other instrument evidencing or securing 
the Loan; or 

(d) if the Company fails to complete the acquisition 
of the Industrial Buildings within the period specified in 
Section 1 hereof, time being of the essence; or 



342 ORDINANCES Ord. No. 704 

(e) if work on the Industrial Buildings stops for a 
period of 15 days (except for stoppages caused by strikes, 
lockouts, labor disputes, fire, unusual delay in transporta- 
tion, unavoidable casualty, weather or Acts of God) or is 
not proceeding in a manner reasonably satisfactory to the 
Bank as agent for the holder of the Bond, time being of the 
essence; or 

(f) if the Company makes any assignment for the 
benefit of creditors, is adjudicated a bankrupt, or a re- 
ceiver is appointed for its assets; or 

(g) if the Company shall assign or in any other 
manner transfer the Industrial Buildings without the prior 
written consent of the Bank and the Trustees; or 

(h) if any mechanics' liens are established against 
the Industrial Buildings and are not caused to be dis- 
charged or bonded against by the Company within 30 days 
after it receives notice of the establishment thereof. 

9. Miscellaneous. 

9.1 Notices. All notices, requests and demands upon 
the respective parties hereto shall be deemed to have been 
given or made when deposited in the United States mail, 
postage prepaid, and addressed as follows: 

to the Bank: The Equitable Trust Company 
Calvert and Fayette Streets 
Baltimore, Maryland 21203 
Attn : _...._ 



to the Company: Ansam Metals Corporation 
1026 East Patapsco Avenue 
Baltimore, Maryland 21225 
Attn: _ ..... 



to the Trustees: c/o The Equitable Trust Company 
Calvert and Fayette Streets 
Baltimore, Maryland 21203 

9.2 No Waiver; Cumulative Remedies. No failure 
by the Bank as agent for the holder of the Bond, or the 
Trustees to exercise, and no delay in exercising, any right, 
power or privilege under this Agreement shall operate as a 
waiver thereof; nor shall any agreement operate as a 
waiver thereof; nor shall any partial exercise of any right, 



ORDINANCES 343 

power or privilege hereunder preclude any other or further 
exercise thereof or the exercise of any other right, power or 
privilege. 

9.3 Regarding the Trustees. The Trustees, by the 
acceptance and performance of this trust do not assume 
any personal liability, and the Company hereby releases 
them and each of them from any such liability, and no 
claim shall be made by the Company upon the Trustees for 
or on account or any matter or thing in excess of the bal- 
ance of the Deposit remaining in their hands and undis- 
posed of in accordance with the terms of this Agreement. 
Any one or more of the Trustees may act on behalf of all. 
The Trustees are hereby empowered by the Company and 
the Bank as agent for the holder of the Bond, to deposit the 
Deposit with the Bank to be invested according to the pro- 
visions of Section 4.6 of the Loan Agreement and to be 
disbursed on direction of the Trustees as more fully pro- 
vided in this Trust Agreement and the Loan Agreement. 
The reasonable fees of the Bank shall be paid by the Com- 
pany. 

9.4 Survival of Agreements. All agreements, cove- 
nants, representations and warranties of the Company made 
in this Agreement shall survive the making of the disburse- 
ments hereunder. 

9.5 Successors. This Agreement shall be binding 
upon and inure to the benefit of the Company, the City and 
the Bank as agent for the holder of the Bond and the 
Trustees, and the Company's successors and assigns and 
the Bank's successors and assigns and the City's successors 
and assigns and to the surviving Trustees or Trustee and 
their or his successors in the trust. In the event of the 
death, resignation or incapacity of any Trustee, the re- 
maining Trustee or Trustees shall designate a successor 
Trustee to such Trustee. 

9.6 Counterparts. This Agreement may be executed 
in any number of counterparts and each such counterpart 
shall be deemed to be an original, and all of which shall con- 
stitute but one and the same instrument. 

9.7 Applicable Law. This Agreement is made, exe- 
cuted and delivered in the State of Maryland and Maryland 



344 ORDINANCES Ord. No. 704 

law shall govern its interpretation, performance and en- 
forcement. 

9.8 No Representations and Warranties by Bank as 
Agent for the Holder of the Bond. Neither the approval by 
the Bank as agent for the holder of the Bond of the Plans 
and Specifications, nor any subsequent inspections or ap- 
provals of the Industrial Buildings during construction shall 
constitute a warranty or representation by the Bank or any 
of its agents, representatives or designees, as to the tech- 
nical sufficiency, or adequacy or safety of the structure or 
any of its component parts, including without limitation, 
its fixtures, equipment or furnishings, nor shall such ap- 
provals or inspections constitute such a warranty or rep- 
resentation as to the subsoil conditions involved in the 
project or any other physical condition or feature per- 
taining to the Industrial Buildings. All acts, including any 
failure to act, relating to the Industrial Buildings by any 
agent, representative or designee of the Bank are per- 
formed solely for the benefit of the Bank as agent for the 
holder of the Bond to assure repayment of the Loan and are 
not for the benefit of the Company or the benefit of any 
other person. The Company agrees to indemnify the Bank 
and the Bank as agent for the holder of the Bond and to 
hold it harmless against any loss or expense (including rea- 
sonable attorneys' fees) resulting from any and all claims, 
actions, settlements, or liability for acts or failure to act in 
connection with the Industrial Buildings. 

9.9 Definitions. The terms "Acquisition", "acquisi- 
tion", "Act", "Authorized Company Representative", 
"Bank", "Bank as agent for the holder of the Bond", 
"Banking Day", "Bond", "Company", "Deed of Trust", 
"Industrial Buildings", "Loan", "Loan Agreement", "Ordi- 
nance", and "Trustees", as used herein, shall have the 
meanings ascribed thereto in Article I of the Loan Agree- 
ment unless the context clearly indicates a contrary 
meaning. 

IN WITNESS WHEREOF, the parties hereto have 
caused this Agreement to be executed, sealed and delivered 
as of the day and year first above-written. 



ORDINANCES 345 

ATTEST: ANSAM METALS CORPORATION 

By 

(Corporate Seal) 

WITNESS: TRUSTEES 

_By (SEAL) 

as Trustee 

.....By (SEAL) 

as Trustee 

MAYOR AND CITY COUNCIL OF BALTIMORE, joins 
in the execution of this Trust Agreement for the sole pur- 
pose of evidencing the approval by its Mayor of the final 
form thereof, in accordance with Section 13 of the Ordi- 
nance referred to therein. 

ATTEST: 

MAYOR AND CITY COUNCIL OF BALTIMORE 

By _ 

Deputy Treasurer Mayor 

Sec. 14. Be it further ordained, That the Deed of Trust 
shall be in such form and contain such provisions as the 
Mayor of the City shall approve on behalf of the City, such 
approval to be conclusively evidenced by the execution of 
the Deed of Trust by the Mayor of the City for the limited 
purpose of evidencing such approval. 

Sec. 15. Be it further ordained, That the Guaranty 
Agreement to be executed and delivered by the Company 
shall be in such form and contain such provisions as the 
Mayor of the City shall approve on behalf of the City, such 
approval of the Guaranty Agreement to be conclusively evi- 
denced by the execution thereof by the Mayor of the City 
for the limited purpose of evidencing such approval. 

Sec. 16. Be it further ordained, That the execution and 
delivery of the Bond, the Loan Agreement and the Assign- 
ment, and the execution of the Trust Agreement (for the 
limited purpose of evidencing the approval by the Mayor 
of the City of the form and provisions thereof), the Guar- 



346 ORDINANCES Ord. No. 704 

anty Agreement (for the limited purpose of evidencing the 
approval by the Mayor of the City of the form and provi- 
sions thereof) , and the Deed of Trust (for the limited pur- 
pose of evidencing the approval by the Mayor of the City 
of the form and provisions thereof) , and all other documents 
necessary to evidence and secure the Bond and the Loan 
are hereby authorized. The Loan Agreement, the Assign- 
ment, the Trust Agreement, the Guaranty Agreement and 
the Deed of Trust shall be executed on behalf of the City 
by the Mayor of the City by his manual signature, and the 
corporate seal of the City shall be impressed or otherwise 
reproduced thereon and attested by the Deputy Treasurer 
of the City by his manual signature. The Bond shall be 
executed on behalf of the City by the Mayor of the City by 
his manual signature, and the corporate seal of the City 
shall be impressed or otherwise reproduced thereon and 
attested by the Deputy Treasurer of the City by his manual 
signature. In case any officer whose signature shall appear 
on the Bond or any of the aforesaid documents shall cease 
to be such officer before the delivery of the Bond or any of 
the other documents aforesaid, such signature shall never- 
theless be valid and sufficient for all purposes, the same as 
if such officer had remained in office until delivery. The 
Mayor, the Deputy Treasurer and other officials of the City 
shall do all such acts and things and execute such support- 
ing documents and certificates as may be necessary to carry 
out and comply with the provisions hereof. Before the exe- 
cution and delivery of the Bond by the Mayor to the Bank, 
the City shall have received a certificate signed by an officer 
of the Bank and satisfactory to counsel for the City stating 
that (a) the Bank has purchased the Bond as a commercial 
investment and not with a view to redistribute the same to 
the general public, and (b) the Bank has not relied upon 
the City for or received from the City any information con- 
cerning the financial condition of Ansam Metals Corporation. 

Sec. 17. Be it further ordained, That the provisions of 
this Ordinance are severable, and if any provision, sentence, 
clause, section or part thereof is held illegal, invalid or un- 
constitutional or inapplicable to any person or circumstances, 
such illegality, invalidity or unconstitutionality, or inappli- 
cability shall not affect or impair any of the remaining pro- 
visions, sentences, clauses, sections, or parts of this Ordi- 



ORDINANCES 347 

nance or their application to other persons or circumstances. 
It is hereby declared to be the legislative intent that this 
Ordinance would have been passed if such illegal, invalid 
or unconstitutional provision, sentence, clause, section or 
part had not been included herein, and if the person or cir- 
cumstances to which this Ordinance or any part hereof are 
inapplicable had been specifically exempted herefrom. 

Sec. 18. Be it further ordained, That this Ordinance 
shall take effect from the date of its passage. 

Approved April 25, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 705 
(Council No. 1572) 

An Ordinance authorizing Mayor and City Council of 
Baltimore to enter into a Supplemental Agreement with 
the Department of Transportation of Maryland for the 
purpose of securing (but only to the extent of the exist- 
ing obligations of Mayor and City Council of Baltimore 
with respect to outstanding County Highway Construc- 
tion Bonds issued by the Department of Transportation 
of Maryland) the payment of the principal of and interest 
on refunding bonds to be issued by the Department of 
Transportation of Maryland pursuant to Sections 3-301 
to 3-309, inclusive, of the Transportation Article of the 
Annotated Code of Maryland (1977 Edition and 1977 
Supplement) and Section 24 of Article 31 of the Anno- 
tated Code of Maryland (1976 Replacement Volume and 
1977 Supplement) to be designated "Department of 
Transportation — County Transportation Bonds — First 
Issue, Refunding Series 1978", for the purpose of refund- 
ing outstanding issues of County Highway Construction 
Bonds and County Transportation Bonds issued by the 
State Roads Commission of Maryland and the Department 
of Transportation of Maryland, in order to realize savings 
in the effective costs of debt service to Mayor and City 



348 ORDINANCES Ord. No. 705 

Council of Baltimore and other participating counties; 
and authorizing the officers of Mayor and City Council 
of Baltimore to take such further action as may be neces- 
sary and proper to consummate the issuance and sale of 
such refunding bonds. 

Whereas, Mayor and City Council of Baltimore (the 
"City") has participated in the proceeds of the sale of cer- 
tain issues of County Highway Construction Bonds issued 
from time to time by the Department of Transportation of 
Maryland (the ''Department"), and in connection there- 
with has entered into certain agreements with the Depart- 
ment as described in the form of proposed Supplemental 
Agreement attached hereto and made a part hereof, for the 
purpose of securing the payment of the City's proportionate 
share of the principal of and interest payable on such bond 
issues ; and 

Whereas, the Department has determined that it would 
be in the public interest to refund issues of County Highway 
Construction Bonds and County Transportation Bonds 
heretofore issued by the State Roads Commission of Mary- 
land (the "Commission") and the Department and pres- 
ently outstanding, for the public purpose of realizing sav- 
ings in the effective costs of debt service to the several 
counties of the State of Maryland, including Baltimore City, 
which have participated from time to time in the proceeds 
of such bond issues ; and 

Whereas, the Department proposes to issue and sell its 
Department of Transportation — County Transportation 
Bonds— First Issue, Refunding Series 1978 (the "Refund- 
ing Bonds") in an aggregate principal amount which will 
be sufficient, together with other funds available therefor, 
for the purpose of refunding issues of County Highway 
Construction Bonds and County Transportation Bonds 
heretofore issued by the Commission and the Department 
and presently outstanding, such Refunding Bonds to be 
issued pursuant to Sections 3-301 to 3-309, inclusive, of the 
Transportation Article of the Annotated Code of Maryland 
(1977 Edition and 1977 Supplement) and Section 24 of 
Article 31 of the Annotated Code of Maryland (1976 
Replacement Volume and 1977 Supplement) ; and 



ORDINANCES 349 

Whereas, the Department has submitted to the City for 
execution a proposed Supplemental Agreement in the form 
attached hereto and made a part hereof ; and 

Whereas, the City has determined that, in order to 
realize savings through a reduction in the effective costs of 
debt service, it would be in the public interest to enter into 
the proposed Supplemental Agreement with the Depart- 
ment, substantially in the form attached hereto and made 
a part hereof, for the purpose of securing (but only to the 
extent of the City's existing obligations with respect to the 
issues of County Highway Construction Bonds to be re- 
funded) the payment of the principal of and interest on 
the Refunding Bonds; now, therefore, in accordance with 
the terms and provisions of the Charter of Mayor and City 
Council of Baltimore : 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the proposed Supplemental Agreement 
to be entered into between the City and the Department 
of Transportation of Maryland, in substantially the form 
attached hereto and made a part hereof, be and it is hereby 
approved; and that the Mayor is hereby authorized and 
directed to execute the proposed Supplemental Agreement 
on behalf of the City, in substantially the form attached 
hereto and made a part hereof, with such changes and in- 
sertions as he shall deem to be in the best interests of the 
City, and his execution of the proposed Supplemental 
Agreement shall constitute conclusive evidence of his ap- 
proval of the final form thereof. 

Sec. 2. And be it further ordained, That the Mayor and 
the other officers of the City are hereby authorized to take 
such other and further action as may be necessary and 
proper to consummate the transaction contemplated by the 
proposed Supplemental Agreement, including the issu- 
ance and sale by the Department of Transportation of 
Maryland of the Refunding Bonds referred to in the recitals 
hereof. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 



350 ORDINANCES Ord. No. 705 

FORM OF PROPOSED 

SUPPLEMENTAL AGREEMENT 

THIS SUPPLEMENTAL AGREEMENT is made as of 
the fifteenth day of April, 1978 by and between the DE- 
PARTMENT OF TRANSPORTATION OF MARYLAND 
(the "Department") and MAYOR AND CITY COUNCIL 
OF BALTIMORE (the "Participant"). 

EXPLANATORY STATEMENT 

The Participant has entered into certain Agreements 
with the State Roads Commission of Maryland (the "Com- 
mission") or the Department (as indicated) as more par- 
ticularly described in Schedule A attached hereto and made 
a part hereof (collectively, the "Agreements"), in connec- 
tion with the issuance and sale by the Commission or the 
Department (as indicated) of County Highway Construc- 
tion Bonds or County Transportation Bonds (as indicated). 

The issued and outstanding bonds of issues of County 
Highway Construction Bonds and County Transportation 
Bonds referred to in Schedule A are herein collectively 
called the "Outstanding Bonds". 

With respect to each of the Agreements, and the Out- 
standing Bonds to which it relates, the Department has, 
in accordance with such Agreement, on its books a separate 
account designated as a sinking fund for the security of 
the issue of Outstanding Bonds for which it was estab- 
lished. Each of the Agreements provides, among other 
things, that the Comptroller of the State of Maryland 
shall, during each fiscal year, beginning with the fiscal year 
in which the Outstanding Bonds of the particular issue 
were issued, withhold from State revenues (Highway User 
Revenues with respect to Agreements executed on or after 
June 1, 1970) allocated to, or held for the credit of the 
Participant under Section 34 (Section 38 A with respect to 
Agreements executed on or after July 1, 1971) of Article 
89B of the Annotated Code of Maryland, as in effect from 
time to time, after providing for sinking fund require- 
ments for prior issues of County Highway Construction 
Bonds, an amount equal to the Participant's share of the 
principal of and interest on the particular issue of the 



ORDINANCES 351 

Outstanding Bonds in the current and next succeeding 
fiscal year. 

The Department has determined that it would be in the 
public interest to refund issues of County Highway Con- 
struction Bonds and County Transportation Bonds issued 
from time to time by the Commission or the Department 
and which are outstanding as of the date hereof, including 
the Outstanding Bonds (collectively, the "Aggregate Out- 
standing Bonds"), for the public purpose of realizing sav- 
ings in the effective costs of debt service to the several 
counties of the State of Maryland, including Baltimore 
City, which have participated from time to time in the 
proceeds of any of the Aggregate Outstanding Bonds. 

The Department proposes to issue and sell its Depart- 
ment of Transportation — County Transportation Bonds — 
First Issue, Refunding Series 1978 (the "Refunding 
Bonds") in an aggregate principal amount which will be 
sufficient, together with any other funds available therefor, 
for the purpose of refunding the Aggregate Outstanding 
Bonds (except as provided in the last literary paragraph 
of Section 2 of this Supplemental Agreement). The Re- 
funding Bonds will be issued pursuant to Sections 3-101 to 
3-102, inclusive, and Sections 3-301 to 3-309, inclusive, of 
the Transportation Article of the Annotated Code of Mary- 
land (1977 Edition and 1977 Supplement), and Section 24 
of Article 31 of the Annotated Code of Maryland (1976 
Replacement Volume and 1977 Supplement). 

This Supplemental Agreement is entered into for the 
purpose of securing, to the extent of the Participant's 
obligations under the Agreements with respect to the Out- 
standing Bonds, the payment of the debt service on the 
Refunding Bonds. 

AGREEMENTS 

In consideration of the premises and in accordance with 
applicable law, the parties hereto agree as follows: 

1. The Refunding Bonds. Subject to the reservations 
set forth below, as soon as practicable after the date hereof 
(unless the Refunding Bonds are sold subject to the execu- 
tion of this Supplemental Agreement), the Department 
will sell the Refunding Bonds in an aggregate principal 



352 ORDINANCES Ord. No. 705 

amount sufficient, together with any other funds available 
therefor, to refund the Aggregate Outstanding Bonds (ex- 
cept as provided in the last literary paragraph of Section 
2 hereof) ; provided, however, that the Department may 
adjust the aggregate principal amount of the Refunding 
Bonds if the Department determines, in its discretion, that 
such an adjustment is appropriate in order to accomplish 
the purposes of this Supplemental Agreement. 

The Refunding Bonds shall be dated as of a date to be 
determined by the Department, shall bear interest payable 
semi-annually accounting from the date of the Bonds, shall 
mature within fifteen (15) years after the date of their 
issue, shall bear interest at the rate or rates agreed upon 
by the purchasers of the Refunding Bonds and the Secre- 
tary of Transportation of Maryland and may be subject to 
prior redemption by the Department in the circumstances 
and at the prices specified by it prior to issuance thereof 
and subject to the provisions of this Supplemental Agree- 
ment. 

The obligation of the Department to issue any of the 
Refunding Bonds is subject to its absolute discretion to 
determine when and under what conditions the Refunding 
Bonds shall be issued, the form and contents thereof and 
of any official statement issued with respect thereto. The 
Department may, in its absolute discretion, determine not 
to issue and sell the Refunding Bonds. It is the purpose of 
these reservations that this Supplemental Agreement is at 
all times subject to the paramount need for preserving the 
credit of the Department and the security of the Refunding 
Bonds and to the requirement that the refunding of the 
Aggregate Outstanding Bonds will realize savings in the 
effective costs of debt service to the several counties of the 
State of Maryland, including Baltimore City, which have 
participated from time to time in the proceeds of any of 
the Aggregate Outstanding Bonds. 

2. Use of Proceeds. In the event that the Refunding 
Bonds are issued, then promptly after settlement therefor 
and delivery thereof, the Department will cause the pro- 
ceeds to be applied as follows : 

(a) there shall first be deducted from the proceeds and 
credited to the Sinking Fund hereinafter provided for all 



ORDINANCES 353 

monies received from the purchaser of the Refunding 
Bonds on account of accrued interest and premium, if any ; 

(b) from the remainder there shall be paid all expenses 
incurred by the Department in connection with effecting 
the issuance of the Refunding Bonds, including, but not 
limited to, expenses of printing, advertising, delivery, and 
financial, administrative and legal fees ; 

(c) the balance of the proceeds, together with any 
other funds available therefor, shall be used by the Depart- 
ment to purchase direct obligations of the United States 
of America (the "Government Obligations"), to be held in 
trust by an escrow agent designated by the Department 
(the "Escrow Agent"). The Government Obligations will 
mature at such time and in such amounts, and will bear 
interest payable at such times, and in such amounts, so 
that sufficient moneys will be available to pay, when due, 
all principal of and premium, if any, and interest on the 
Aggregate Outstanding Bonds (except as provided in the 
last literary paragraph of this Section) to and including 
their respective maturities or dates of redemption. The 
Escrow Agent will apply the maturing principal of and the 
interest on the Government Obligations to the payment of 
the Aggregate Outstanding Bonds. Upon the issuance of 
the Refunding Bonds, adequate and complete provision will 
have been made for the timely payment of the principal of 
and interest on the Aggregate Outstanding Bonds. 

The Department may, in its discretion, determine that 
such adequate and complete provision for certain issues of 
the Aggregate Outstanding Bonds will be made from any 
other available funds other than the proceeds of the Re- 
funding Bonds. 

3. Sinking Fund. The Department will establish on its 
books a separate account designated "County Transporta- 
tion Bonds — First Issue, Refunding Series 1978 Sinking 
Fund", or other appropriate designation, (the "Sinking 
Fund"), to which will be credited any accrued interest and 
premium received upon settlement for the Refunding 
Bonds. The Department will cause the Comptroller of the 
State of Maryland to credit to the Sinking Fund the 
amounts withheld by him from distribution to the Partici- 
pant as provided below. 



354 ORDINANCES Ord. No. 705 

The Comptroller shall withhold, during each fiscal year, 
from Highway User Revenues allocated to, or held for the 
credit of, the Participant under Sections 8-401 to 8-413, 
inclusive, of the Transportation Article of the Annotated 
Code of Maryland, an amount which is at least equal to the 
Participants proportionate share of the debt service payable 
on the Refunding Bonds by the Department in the current 
fiscal year and in the next succeeding fiscal year (the 
"Participant's Refunding Bonds Debt Service Require- 
ment") ; provided, however, that the amount so withheld 
during each fiscal year shall not in any event exceed the 
Participant's proportionate share of the debt service pay- 
able on the Outstanding Bonds in the current fiscal year 
and in the next succeeding fiscal year, as though the Out- 
standing Bonds had not been refunded (the "Participant's 
Outstanding Bonds Debt Service Requirement"). All funds 
so allocated to, or held for the credit of the Participant 
shall be so withheld until an amount which is at least 
equal to the Participant's Refunding Bonds Debt Service 
Requirement, but not to exceed the Participant's Outstand- 
ing Bonds Debt Service Requirement, shall have been accu- 
mulated. In each fiscal year (or in the discretion of the 
Department, in the six-month period immediately preceding 
the beginning thereof) the Comptroller shall withhold 
from the funds allocated to or held for the credit of the 
Participant, the amount necessary to maintain in the Sink- 
ing Fund (exclusive of interest and increment, if any, on 
investments) an amount which is at least equal to the 
Participant's Refunding Bonds Debt Service Requirement, 
but not to exceed the Participant's Outstanding Bonds Debt 
Service Requirement. The debt service payable on the Re- 
funding Bonds by the Department may include or be 
limited to sinking fund deposits to be made by the Depart- 
ment to the Sinking Fund. The amounts of such sinking 
fund deposits shall be established in the Resolution adopted 
by the Secretary of Transportation authorizing the issu- 
ance and sale of the Refunding Bonds and determining 
other matters in connection therewith (the "Resolution"). 

The Participant hereby authorizes the Department to 
cause to be transferred to the Sinking Fund sums on de- 
posit in sinking funds established by the Commission or 
the Department in connection with any of the Outstanding 
Bonds to the extent that the Department determines such 



ORDINANCES 356 

a transfer necessary in order to accomplish the purposes 
of this Supplemental Agreement. 

In the event the Participant shall elect to pay its propor- 
tionate share of debt service, as set forth above, from the 
proceeds of taxes to be levied by it directly, the Partici- 
pant shall notify the Comptroller, in writing, not later than 
the first day of January in the calendar year in which the 
Participant proposes to make such payments and, upon re- 
ceipt of such notice, the Comptroller shall not withhold in 
accordance with Section 3 hereof any of the Highway User 
Revenues allocated to or held for the credit of the Partici- 
pant after the first day of July in such year, unless and 
until the Comptroller shall receive further written notice 
from the Participant so to withhold, or unless and until the 
Comptroller shall receive written notice from the Depart- 
ment that the Participant has failed to make the necessary 
deposit into the Sinking Fund, at the times and in the 
amounts necessary to maintain it. This paragraph is in- 
tended to implement, and shall be construed so as to imple- 
ment, Section 3-307 (b)(4) of the Transportation Article 
of the Annotated Code of Maryland. 

All payments on account of debt service payable on the 
Refunding Bonds by the Department shall be made by the 
State Treasurer from the Sinking Fund as provided in 
Section 3-307 of the Transportation Article of the Anno- 
tated Code of Maryland upon warrants of the Comptroller 
as requested by the Department. The Department shall 
keep accurate records of the total deposits and disburse- 
ments credited and charged to the Sinking Fund, and of 
the deposits and disbursements made on behalf of the 
Participant. 

In the event deposits to the Sinking Fund shall be con- 
tinuously made as herein provided, the authority to with- 
hold hereby conferred on the Comptroller shall terminate 
not later than the end of the fiscal year next preceding the 
fiscal year of the final maturity of the Outstanding Bonds 
(as though they had not been refunded) . 

The Department shall have the right from time to time, 
in its discretion, to invest any and all monies credited to 
the Sinking Fund as provided in the Resolution. Any 
profit realized from such investment shall be credited to 



356 ORDINANCES Ord. No. 705 

the Sinking Fund and any loss resulting from such invest- 
ment shall be charged to the Sinking Fund. 

Unless the Participant shall have previously exercised 
its option to terminate under Section 4 hereof, the Partici- 
pant shall be entitled to reimbursement of its proportionate 
share of any balance (after payment of all paying agent 
and bond registrar fees) remaining in the Sinking Fund, 
after all of the Refunding Bonds, and the coupons attached 
thereto, shall have matured and been paid, or provision 
made for such payment. 

4. Redemption and Termination. If, in the issuance of 
the Refunding Bonds, the Department shall reserve the 
right to redeem the Refunding Bonds in whole or in part 
at a price in excess of par, it shall not thereafter obligate 
or commit any funds of the Participant in the Sinking Fund 
or elsewhere, in the exercise of such right without the 
prior written consent of the Participant. However, the Par- 
ticipant may, in its discretion, terminate at any time its 
entire liability hereunder and the withholding provided for 
in Section 3 hereof by serving written notice of termination 
of this Supplemental Agreement upon the Department, 
accompanied by a certified or bank cashier's check drawn 
to the order of the Treasurer of the State of Maryland in an 
amount determined by the Department to be equal to the 
Participant's share of the principal then due or to become 
due on the Outstanding Bonds (as though they had not been 
refunded) until the final maturity thereof, plus the Par- 
ticipant's share of the interest due or to become due on the 
Outstanding Bonds (as though they have not been refunded) 
until their respective maturities, less the sum of the Par- 
ticipant's proportionate share of debt service accumulated 
in the Sinking Fund, and the Participant's share of funds 
held by the Treasurer for the payment of the Refunding 
Bonds and coupons which are then due, but which have not, 
at the date of such termination, been presented for pay- 
ment. The sum so tendered by the Participant shall be re- 
corded on the books of the State Treasury Department as 
a separate account and shall be invested by the Treasurer 
in the same manner as is above provided for the invest- 
ment of monies in the Sinking Fund. Simultaneously with 
making deposits to the Sinking Fund in accordance with 
Section 3 hereof, the Comptroller shall cause to be with- 



ORDINANCES 357 

drawn from the separate account and credited to the Sink- 
ing Fund an amount which is at least equal to the Partici- 
pant's Refunding Bond Debt Service Requirement. Any 
balance in the account, after the final principal and interest 
payment on account of the Refunding Bonds has been 
made, shall be paid to the Participant. If, after termination, 
the Department shall elect to redeem the Refunding Bonds 
in whole or in part, in accordance with the provisions 
thereof, the separate account may be charged with so much 
as may be necessary of the Participant's proportionate 
share of the redemption price paid. 

5. Other Covenants and Representations by the Partici- 
pant. The Participant further covenants and represents as 
follows: 

(a) except as provided in Section 3 above there are 
no liens upon, or pledges of, the Participant's share of High- 
way User Revenues allocated to, or held for the credit of, 
the Participant under Sections 8-401 to 8-413, inclusive, of 
the Transportation Article of the Annotated Code of Mary- 
land prior or superior to the withholding for Sinking Fund 
purposes herein agreed to, which impair or interfere with 
the withholdings ; 

(b) the Participant will not pledge any such revenues 
nor create or permit the creation of any liens thereon prior, 
superior, or equal to the commitments made by it here- 
under, and will not do or suffer to be done any act or thing 
which will impair or interfere with the security of the 
Refunding Bonds or which will impair or interfere with 
its ability or the ability of the Department, the Comp- 
troller and the Treasurer to perform in accordance with 
the Agreements and this Supplemental Agreement ; 

(c) the Participant has covenanted, in each of the 
Agreements, that it will, in each fiscal year, levy ad valorem 
taxes upon all property within its jurisdiction subject to 
assessment for taxation at such rates as will be sufficient 
for it to collect in tax revenue a minimum of one dollar per 
capita of population, and that it will certify its annual tax 
levy in each year to the Comptroller, it being the intent 
and purpose of such covenants to insure that the Partici- 
pant will not impair its other covenants under the Agree- 
ments and this Supplemental Agreement by failure to 



358 ORDINANCES Ord. No. 705 

comply with the applicable provisions of Sections 8-401 
to 8-413, inclusive, of the Transportation Article of the 
Annotated Code of Maryland ; and 

(d) by the issuance of the Refunding Bonds by the 
Department, no debt limit or referendum requirements 
will be exceeded or violated and the Participant's involve- 
ment in such bond issue will not require approval by its 
qualified voters. 

6. Agreements for Benefit of Bondholders. It is hereby 
agreed that the provisions of the Agreements and of this 
Supplemental Agreement shall and are intended to be for 
the benefit and security of the bona fide holders from time 
to time of the Refunding Bonds and coupons attached 
thereto and that the covenants therein and herein con- 
tained shall be enforceable by such holders to the same ex- 
tent as though they were parties to the Agreements and to 
this Supplemental Agreement. 

7. Validity. It is hereby agreed that the parties hereto 
will take all action within their respective delegated pow- 
ers to assure the legal validity of this Supplemental Agree- 
ment and of the Refunding Bonds and that, in the event 
further legislation by the General Assembly of Maryland 
should at any time be deemed necessary to assure such 
validity, they will use their best efforts to obtain the pas- 
sage of such legislation. 

8. Approval. This Supplemental Agreement shall be- 
come effective when duly authorized and executed by both 
parties hereto. Approval by the Board of Public Works of 
the State of Maryland of the issuance by the Department 
of the Refunding Bonds is necessary prior to the sale 
thereof. 

9. Effect Upon Prior Agreements. The Agreements, by 
their terms, do not expressly provide for the issuance and 
sale by the Department of refunding bonds for the purpose 
of refunding the Outstanding Bonds. Accordingly, the Par- 
ticipant and the Department intend, by the execution of 
this Supplemental Agreement, to provide that all of the 
covenants and agreements set forth in the Agreements for 
the security of the Outstanding Bonds shall be deemed to 



ORDINANCES 



359 



secure the Refunding Bonds, the proceeds of which will be 
used, together with any other funds available therefor, to 
refund the Outstanding Bonds as herein provided (except 
to the extent provided in the last literary paragraph of 
Section 2 hereof), resulting in savings in the effective costs 
of debt service on the Outstanding Bonds to the Partici- 
pant. Nothing herein contained shall be construed to (a) 
relieve the Participant from any of its obligations under 
the Agreements, except to the extent herein provided, or 
(b) alter, modify or supersede the Agreements pertaining 
to the Outstanding Bonds, but the provisions hereof shall 
be supplemental and cumulative to all of the Agreements. 

IN WITNESS WHEREOF the parties hereto have set 
their hands and seals as of the day and year first above 
written. 

Department of Transportation of Maryland 

By 



Witness 



[SEAL] 



Witness : 
[SEAL] 



Secretary 



Mayor and City Council of Baltimore 

By 

Mayor 



Approved As To Form And Legal 

Sufficiency This Day of , 

1978. 



By 



Assistant Attorney General 

Counsel to the Department of 

Transportation 



360 ORDINANCES Ord. No. 705 

Approved As To Form And Legal 

Sufficiency This Day of , 

1978. 

By 

City Solicitor 

SCHEDULE A 

MAYOR AND CITY COUNCIL OF BALTIMORE 

(a) Agreement executed as of the 1st day of July, 1971 
by and between the Participant and the Department, pur- 
suant to Section 211G-1 of Article 89B of the Annotated 
Code of Maryland, as then in effect, for the purpose of secur- 
ing the payment of the Participant's proportionate share of 
the principal of and interest on $28,350,000 Department of 
Transportation — County Highway Construction Bonds — 
Second Issue, Second Series, dated December 1, 1971. The 
Participant participated in the proceeds of such County 
Highway Construction Bonds to the extent of $23,000,000. 

(b) Agreement executed as of the 1st day of July, 1972 
by and between the Participant and the Department, pur- 
suant to Section 211G-1 of Article 89B of the Annotated 
Code of Maryland, as then in effect, for the purpose of secur- 
ing the payment of the Participant's proportionate share of 
the principal of and interest on $45,685,000 Department of 
Transportation — County Highway Construction "Bonds — 
Second Issue, Third Series, dated September 1, 1972. The 
Participant participated in the proceeds of such County 
Highway Construction Bonds to the extent of $40,000,000. 

(c) Agreement executed as of the 1st day of July, 1973 
by and between the Participant and the Department, pursu- 
ant to Section 211G-1 of Article 89B of the Annotated 
Code of Maryland, as then in effect, for the purpose of secur- 
ing the payment of the Participant's proportionate share of 
the principal of and interest on $47,150,000 Department of 
Transportation — County Highway Construction Bonds — 
Second Issue, Fourth Series, dated December 1, 1973. The 
Participant participated in the proceeds of such County 
Highway Construction Bonds to the extent of $40,000,000. 

(d) Agreement executed as of the 1st day of July, 1974 
by and between the Participant and the Department, pursu- 



ORDINANCES 361 

ant to Section 211G-1 of Article 89B of the Annotated Code 
of Maryland, as then in effect, for the purpose of securing 
the payment of the Participant's proportionate share of 
the principal of and interest on $44,150,000 Department of 
Transportation — County Highway Construction Bonds — 
Second Issue, Fifth Series, dated November 1, 1974. The 
Participant participated in the proceeds of such County 
Highway Construction Bonds to the extent of $40,000,000. 

Approved April 26, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 706 
(Council No. 1350) 

An Ordinance to amend Sheet No. 68 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "Zoning", (Ordinance No. 1051, approved 
April 20, 1971) by changing from the B-2-2 Zoning 
District to the R-8-P Zoning District the property bounded 
on the south by Elliott Street, on the Southwest by Boston 
Street, on the west by Lakewood Avenue, on the north 
by an irregular line running from Lakewood Avenue 
easterly approximately 110 to 310 feet north of Elliott 
Street, and on the east by an irregular line running from 
Elliott Street northerly approximately to 570 feet west 
of Curley Street, as outlined in red on the AMENDED 
plats accompanying this ordinance: by changing from 
the M-2-2 Zoning District to the R-8-P Zoning District 
the property bounded on the south and southwest by 
Boston Street, on the west by the point of intersection 
of Elliott and Boston Streets, on the north by an ir- 
regular line running from Decker Street AVENUE 
westerly approximately to 400 feet south of Elliott 
Street, and on the east by an irregular line running 
southerly from Elliott Street approximately to 200 
feet west of Decker Street, AVENUE, as outlined in 
purple on the AMENDED plats accompanying this ordi- 
nance; by changing from the B-2-2 Zoning District to 



362 ORDINANCES Ord. No. 706 

the R-8-P Zoning District the property at the northwest 
corner of the intersection of Boston Street and Elhvood 
Avenue, as outlined in red on the AMENDED plats ac- 
companying this ordinance: by changing from the R-8 
Zoning District to the R-8-P Zoning District the prop- 
erty bounded on the south by an irregular line running 
from East Street AVENUE westerly approximately 
to 180 feet north of Boston Street, on the west by an 
irregular line running from Boston Street northerly ap- 
proximately 90 to 380 feet east of Potomac Street, on 
the north by an irregular line running from East Street 
AVENUE westerly approximately 100 to 350 feet south 
of Elliott Street, and on the east by an irregular line 
running from Boston Street northerly approximately to 
370 feet west of East Street, AVENUE, as outlined in 
green on the AMENDED plats accompanying this ordi- 
nance: by changing from the B-2-2 Zoning District to 
the R-8-P Zoning District the property bounded on the 
south by »» irregular Ime running from East Street 
easterly approximately te 4$0 feet north e£ Boston 
Street, e» the west fey East Street, e» the north fey a» 
irregular line running from East Street easterly approxi 
matoly to 200 feet south ef Toono Street, a«4 e» fcfee 
east fey a» irregular fee running from Toono Street 
southerly approximately O to 250 feet west ef Highland 
Avenue, BOSTON STREET, ON THE WEST BY EAST 
AVENUE, ON THE NORTH BY TOONE STREET, 
AND ON THE EAST BY CLINTON STREET as out- 
lined in red on the AMENDED plats accompanying this 
ordinances BY CHANGING FROM THE B-2-2 ZON- 
ING DISTRICT TO THE M-l-2 ZONING DISTRICT 
THE PROPERTY BOUNDED ON THE SOUTH BY 
AN IRREGULAR LINE RUNNING FROM CLINTON 
STREET EASTERLY APPROXIMATELY TO 190 
FT. NORTH OF BOSTON ST, ON THE WEST BY 
CLINTON ST., ON THE NORTH BY AN IRREGU- 
LAR LINE RUNNING FROM CLINTON ST. EAST- 
ERLY APPROXIMATELY 130 TO 200 FT. SOUTH 
OF TOONE ST, AND ON THE EAST BY AN IR- 
REGULAR LINE RUNNING FROM TOONE ST. 
SOUTHERLY APPROXIMATELY TO 120 FT. WEST 
OF HIGHLAND AVE, AS OUTLINED IN BLUE ON 
THE AMENDED PLATS ACCOMPANYING THIS 



ORDINANCES 363 

ORDINANCE and by changing from the M-2-2 Zoning 
District to the R 8 P M-l-2 Zoning District the property 
bounded on the south by an irregular line running west- 
erly from Highland Avenue approximately 70 to 80 feet 
north of Boston Street, on the west by a line running 
northerly from a point approximately 70 feet north of 
Boston Street approximately 110 feet east of Clinton 
Street, on the north by a line running westerly from 
Highland Avenue approximately 300 feet south of Toone 
Street, and on the east by Highland Avenue, as outlined 
in purple GOLD on the AMENDED plats accompanying 
this ordinance. 

SECTION 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 68 of the Zoning District Maps 
of Article 30 of the Baltimore City Code (1966 Edition), 
Title "Zoning", (Ordinance No. 1051 approved April 20, 
1971) be and it is hereby amended by changing from the 
B-2-2 Zoning District to the R-8-P Zoning District the 
property bounded on the south by Elliott Street, on the 
southwest by Boston Street, on the west by Lakewood 
Avenue, on the north by an irregular line running from 
Lakewood Avenue easterly approximately 110 to 310 feet 
north of Elliott Street, and on the east by an irregular line 
running from Elliott Street northerly approximately to 
570 feet west of Curley Street, as outlined in red on the 
AMENDED plats accompanying this ordinance; by chang- 
ing from the M-2-2 Zoning District to the R-8-P Zoning 
District the property bounded on the south and southwest 
by Boston Street, on the west by the point of intersection 
of Elliott and Boston Streets, on the north by an irregular 
line running from Decker Street AVENUE westerly ap- 
proximately to 400 feet south of Elliott Street, and on 
the east by an irregular line running southerly from Elliott 
Street approximately to 200 feet west of Decker Street, 
AVENUE as outlined in purple on the AMENDED plats 
accompanying this ordinance; 

by changing from the B-2-2 Zoning District to the 
R-8-P Zoning District the property at the northwest 
corner of the intersection of Boston Street and Ellwood 
Avenue, as outlined in red on the AMENDED plats accom- 
panying this ordinance; by changing from the R-8 Zoning 
District to the R-8-P Zoning District the property bounded 



364 ORDINANCES Ord. No. 706 

on the south by an irregular line running from East S treet 
AVENUE westerly approximately to 180 feet north of 
Boston Street, on the west by an irregular line running 
from Boston Street, on the west by an irregular line run- 
ning from Boston Street northerly approximately 90 to 
380 feet east of Potomac Street, on the north by an ir- 
regular line running from East Street AVENUE westerly 
approximately 100 to 350 feet south of Elliott Street, and 
on the east by an irregular line running from Boston Street 
northerly approximately to 370 feet west of East Street, 
AVENUE, as outlined in green on the AMENDED plats 
accompanying this ordinance; 

by changing from the B-2-2 Zoning District to the 
R-8-P Zoning District the property bounded on the south 
by an irregular line running Im» East Street easterly 
approximately te 400 feet north e£ Boston Street, en the 
west by East Street, en the north by an irregular line *tm- 
ning from East Street easterly approximately te 200 feet 
couth el Toono Street, an4 en the east fey an irregular line 
p unning from Toone Street southerly approximately te 
2m feet west el Highland Avenue, BOSTON STREET, 
ON THE WEST BY EAST AVENUE, ON THE NORTH 
BY TOONE STREET, AND ON THE EAST BY CLIN- 
TON STREET as outlined in red on the AMENDED plats 
accompanying this ordinance; BY CHANGING FROM 
THE B-2-2 ZONING DISTRICT TO THE M-l-2 ZON- 
ING DISTRICT THE PROPERTY BOUNDED ON THE 
SOUTH BY AN IRREGULAR LINE RUNNING FROM 
CLINTON STREET EASTERLY APPROXIMATELY 
TO 190 FT. NORTH OF BOSTON STREET, ON THE 
WEST BY CLINTON ST., ON THE NORTH BY AN 
IRREGULAR LINE RUNNING FROM CLINTON ST. 
EASTERLY APPROXIMATELY 130 TO 200 FT. SOUTH 
OF TOONE ST., AND ON THE EAST BY AN IRREG- 
ULAR LINE RUNNING FROM TOONE ST. SOUTH- 
ERLY APPROXIMATELY TO 120 FT. WEST OF 
HIGHLAND AVE., AS OUTLINED IN BLUE ON THE 
AMENDED PLATS ACCOMPANYING THIS ORDI- 
NANCE and by changing from the M-2-2 Zoning District 
to the R 8 P M-l-2 Zoning District the property bounded 
on the south by an irregular line running westerly from 
Highland Avenue approximately 70 to 80 feet north of 
Boston Street, on the west by a line running northerly from 



ORDINANCES 365 

a point approximately 70 feet north of Boston Street 
approximately 110 feet east of Clinton Street, on the north 
by a line running westerly from Highland Avenue approxi- 
mately 300 feet south of Toone Street, and on the east 
by Highland Avenue, as outlined in purple GOLD on the 
AMENDED plats accompanying this ordinance. 

SEC. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved April 28, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 707 
(Council No. 1440) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in ac- 
cordance with Article V, Section 5(b) of the City Charter, 
all of the interest of the Mayor and City Council of 
Baltimore in and to that parcel of land and improvements 
known as No. 2721 Rayner Avenue, Baltimore, Maryland, 
said property being no longer needed for public use. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Article V, Section 5(b) 
of the City Charter, all of the interest of the Mayor and 
City Council of Baltimore in and to that parcel of land 
situate in Baltimore, Maryland, and described as follows: 

BEGINNING for the same at the point formed by the 
intersection of the south side of Rayner Avenue, as now 
laid out 66 feet wide, and the west side of Ashburton Street, 
as now laid out 66 feet wide in accordance with Ordinance 
No. 492, approved November 16, 1925, authorizing the 
acquisition of properties by purchase or condemnation for 
the opening of Ashburton Street, and running thence bind- 
ing on the west side of said Ashburton Street, South 02°- 



366 ORDINANCES Ord. No. 708 

22'-00" East 130.0 feet to the north side of a 17.75 foot alley ; 
thence binding on the north side of said alley and reversely 
on part of the second line of the first parcel of land con- 
veyed by the Fidelity Trust Company and George A. Foos 
to the Mayor and City Council of Baltimore by deed dated 
July 29, 1930 and recorded among the Land Records of 
Baltimore City in Liber S.C.L. No. 5146, Folio 244, to the 
beginning thereof, Westerly 3.70 feet; thence binding re- 
versely on the first line of the first parcel of land as de- 
scribed in said deed, Northerly 130 feet to the south side 
of said Rayner Avenue and thence binding on the south 
side of said Rayner Avenue, and reversely on part of the 
last line of the first parcel of land described in said deed, 
Easterly 4.33 feet to the place of beginning. Containing 
522.0 square feet or 0.012 acre of land, more or less. The 
improvements thereon being known as No. 2721 Rayner 
Avenue. 

Said property being no longer needed for public use. 

SEC. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall 
have been first approved by the City Solicitor. 

SEC. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved April 28, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 708 
(Council No. 1292) 

An Ordinance to amend Sheet No. 35 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 
Edition), title "Zoning/' (Ordinance No. 1061, approved 
April 20, 1971) by changing from the R-9 Zoning Dis- 
trict to the B-2-2 Zoning District the properties generally 
known as 2701 and 2703 Miles Avenue, as outlined in 
red on the plats accompanying this ordinance. 



ORDINANCES 367 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 35 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "Zoning," (Ordinance No. 1061, approved April 
20, 1971) be and they are hereby amended by changing 
from the R-9 Zoning District to the B-2-2 Zoning District 
the properties generally known as 2701 and 2703 Miles 
Avenue, as outlined in red on the plats accompanying this 
ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasurer shall then 
transmit a copy of the ordinance and one of the plats to 
the following: the Board of Municipal and Zoning Appeals, 
the Planning Commission, the Commissioner of the Depart- 
ment of Housing and Community Development and the 
Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved May 8, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 709 
(Council No. 422) 

An Ordinance to add new Section 14A to Article 1 of the 
Baltimore City Code (1966 Edition), title "Mayor, City 
Council and Municipal Agencies/* to come under the new 
subtitle "City Journal," requiring the Director of Finance 
to publish a municipal journal containing information 
on the business of the city. 



368 ORDINANCES Ord. No. 710 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 14A be and it is hereby 
added to Article 1 of the Baltimore City Code (1966 Edi- 
tion), title "Mayor, City Council and Municipal Agencies," 
to come under the new subtitle "City Journal," and to read 
as follows : 

CITY JOURNAL 
1UA. 

It shall be the duty of the Director of Finance to publish 
at least once a month an official City Journal which shall 
contain a listing of bills introduced and passed by the City 
Council, the legal advertising &f the City, a schedule of 
the meetings of City boards and commissions, and such 
LEGAL ADVERTISING AND other information relating 
to the business of the City as shall be determined by the 
City Council and the Board of Estimates. The City Journal 
shall be published, distributed, and sold in such manner 
and on such terms as the Council and the Board may 
determine. No unofficial advertisements shall be published 
in the City Journal. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT 
THE FIRST ISSUE OF THE CITY JOURNAL SHALL 
BE PUBLISHED IN OCTOBER 43W, JANUARY 1979. 

Sec. 2 3. And be it further ordained, That this ordinance 
shall take effect January ± WVZ. JULY 1, 1978. 

Approved May 12, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 710 
(Council No. 751) 

An Ordinance approving a renewal plan for Inner Harbor 
Project I-A for the area, bounded by the south side of 
Key Highway, the east side of Light Street, the north 
side of East Montgomery Street, to the easternmost prop- 
erty lines of Number 717 through 709 Light Street, the 



ORDINANCES 369 

northernmost property lines of Number 102 through 240 
East Montgomery Street, to the west side of Battery 
Avenue; providing for general physical improvement in 
the Inner Harbor Project I-A area by the establishment 
of standards and guidelines for exterior rehabilitation of 
existing structures; identification of certain parcels of 
land for redevelopment and the harmonious development 
thereof in accordance with standards and controls estab- 
lished thereby ; authorizing under certain conditions, the 
acquisition by purchase or by condemnation by the 
Mayor and City Council of Baltimore for urban renewal 
purposes of the fee simple interest or any lesser interest 
in and to certain properties or portions thereof together 
with the improvements thereon ; providing that in selling 
the property in the project area, the Department of 
Housing and Community Development shall require that 
the developers agree in writing not to discriminate in the 
sale, lease or occupancy of the property developed by 
them, against any person because of race, color, religion, 
sex or national origin ; waiving such requirements, if any, 
as to the content of or of procedure for the preparation, 
adoption and approval of renewal plans as set forth in 
Ordinance No. 152 as approved June 28, 1968 which the 
renewal plan for Inner Harbor Project I-A may not meet; 
providing for the separability of various parts and appli- 
cations of this ordinance; negating intention of enact- 
ment of zoning ordinance ; providing penalty for violation 
hereof ; and providing for the effective date hereof. 

Whereas, the Inner Harbor Project I-A lies within the 
Downtown Urban Renewal Area as designated by Ordi- 
nance No. 1210, approved January 24, 1958, as amended by 
Ordinance 1586, approved July 9, 1958 ; and 

Whereas, under Ordinance No. 152, approved July 28, 
1968, the Department of Housing and Community Devel- 
opment was authorized to prepare and administer Renewal 
Plans in Renewal Areas ; and 

Whereas, the Department of Housing and Community 
Development has prepared a Renewal Plan for Inner Harbor 
Project I-A bounded by the south side of Key Highway, 
the east side of Light Street, the north side of East Mont- 
gomery Street, to the easternmost property lines of Nos. 



370 ORDINANCES Ord. No. 710 

717 through 709 Light Street, the northernmost property 
lines of Nos. 102 through 240 East Montgomery Street, to 
the west side of Battery Avenue. Said Renewal Plan consist- 
ing of 44 12 pages, Exhibits "A" through ii©Jl "E" and Ap- 
pendix A ; and 

Whereas, the Renewal Plan for Inner Harbor Project I-A 
was approved as a Renewal Plan by the Planning Com- 
mission of Baltimore City on December 9, 1976 and was 
approved and recommended to the City Council by the 
Commissioner of the Department of Housing and Commu- 
nity Development ; now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Renewal Plan for Inner Harbor 
Project I-A identified as "Inner Harbor Project I-A Re- 
newal Plan", having been duly reviewed and considered, 
is hereby approved and the Clerk of the City Council is 
hereby directed to file a copy of said Renewal Plan with the 
Department of Legislative Reference as a permanent rec- 
ord and make same available for public inspection and in- 
formation. 

Sec. 2. And be it further ordained, that it may be neces- 
sary, under the conditions hereinafter set forth and as set 
forth in the said Urban Renewal Plan, to acquire by pur- 
chase or by condemnation for Urban Renewal purposes of 
clearance or rehabilitation, the fee simple interest or any 
lesser interest in and to certain parcels of land and improve- 
ments thereon situate in Baltimore City, Maryland as may be 
deemed necessary and proper by the Department of Hous- 
ing and Community Development (hereinafter referred to 
as "Department") to effect proper implementation of the 
Project, within the area described as follows : 

Beginning for the same at the point formed by the inter- 
section of the south side of Key Highway, as now laid out 
varying in width and the west side of Battery Avenue, as 
now laid out varying in width, and running thence binding 
on the west side of said Battery Avenue, Southerly 40 feet, 
more or less, to the south side of an alley, varying in width 
from a width of 10 feet to a width of 4 feet, laid out in the 
rear of the properties known as Nos. 240 through and in- 
cluding 202 Montgomery Street; thence binding on the 



ORDINANCES 371 

south side of said alley, Westerly 300 feet, more or less, to 
the northwest corner of the property known as No. 202 
Montgomery Street; thence binding on the west outline of 
last said property, Southerly 18 feet, more or less, to the 
northeast corner of the property known as No. 200-200% 
Montgomery Street; thence binding on the north outline 
of last said property, Westerly 30 feet, more or less, to the 
east side of William Street, as now laid out 82.5 feet wide ; 
thence by a straight line crossing said William Street, 
Westerly 83 feet, more or less, to the northeast corner of 
the property known as No. 132 Montgomery Street ; thence 
binding in part on the north outline of last said property, 
in part on the north outline of the property known as No. 
130 Montgomery Street, and in all along the south side of a 
4 foot alley laid out 60.33 feet north of Montgomery 
Street, Westerly 45 feet, more or less, to the east outline 
of the property known as No. 128 Montgomery Street; 
thence binding on the east outline of last said property, 
northerly 19 feet, more or less, to the northeast corner of 
last said property; thence binding on the north outline of 
last said property and on the north outline of the property 
known as No. 126 Montgomery Street, Westerly 21 feet, 
more or less, to the east outline of the property known as 
No. 122-124 Montgomery Street ; thence binding on the east, 
north and west outlines of last said property the three fol- 
lowing courses and distances; namely, Northerly 22 feet, 
more or less, Westerly 33 feet, more or less, and Southerly 
25 feet, more or less, to the northeast corner of the prop- 
erty known as No. 120 Montgomery Street ; thence binding 
on the north outlines of the properties known as Nos. 120 
through and including 102 Montgomery Street, Westerly 
174 feet, more or less, to the northwest corner of the prop- 
erty known as No. 102 Montgomery Street ; thence binding 
on the west outline of last said property, Southerly 78 feet, 
more or less, to the north side of Montgomery Street, as 
now laid out 82.5 feet wide; thence binding on the north 
side of said Montgomery Street, Westerly 55 feet, more or 
less, to the northeast corner of said Montgomery Street and 
Light Street; thence binding on the east side of Light 
Street, as now laid out 82.5 feet wide, Northerly 154 feet, 
more or less, to the southeast corner of said Key Highway 
and said Light Street; thence binding on the south side of 
said Key Highway, Easterly 330 feet, more or less, to the 



372 ORDINANCES Ord. No. 710 

southwest corner of said Key Highway and said William 
Street; thence by a straight line crossing said William 
Street, Southeasterly 92 feet, more or less, to the southeast 
corner of said Key Highway and said William Street and 
thence binding on the south side of said Key Highway, 
Easterly 330 feet, more or less, to the place of beginning. 

Seer St And he it furth e r ordained^ that in ordor to 
attain the Urban Ronowal objoctivo s an4 Land Use Plan 
und e r tfre Inner Harbor Project J-A Plan as delineate d i» 
Sections U a»4 Q thereof, the following actions may be 
taken; 

ar To assure harmonious d e velopment an4 rohabilita - 
tioxx within fe^ep Harbor Proj e ct i-A^- There s hall be4 

44)- P ] an review by the Department of all new construc - 
tion, (including parking areas, if any) e xterior rehabilita - 
tion, domoMtion Q¥ a^iy e xt e rior chang e e* anv kind, in- 
cluding signs an4 lighting, to determine if s«eh plans ape 
consi stent with the objectiv e s an4 requirement s of the 
Ronowal Plan, 

4H± All ^ew construction in the area to bocomo avail- 
able fop further 4e velopm e nt should be accomplish e d m 
accordance with standard s an4 controls a^4 plan review 
procedures of the Department ostablishod und e r the Urban 
Ron o wal Plan* 

4iii)- All voluntary exterior rehabilitation requir e d 
within - Inner Harbo r Project J-A of sai4 Ronowal Plan shall 
be in accordance with the Extorior Rehabilitation Guido - 
IhxOSt Guidelines fo* Ext e rior Sign s a»4 Lighting Guido 
lin e s contained m Appondix A of the R onowal Plan. 

4iv4 Review of plan s an4 specifications an4 the deter 
mination by the Department that the proposed work is 
consistent with the r e quir e ments an4 objoctivos of the Re- 
newal Plan shall be a condition procodont to the is suanco 
of a Building Permit 

4v-)- ¥he Extorior R e habilitation Guidelines, the Guid e- 
lin es fop Extorior Signs an4 Lighting G uidelines contained 
in- Appendix A of the Ronowal Plan a^e eve* an4 above 
the codes an4 ordinance s of the City of Baltimore, (Ordi 
nanc e Nor £2 approved Juno 40r 1968, Articlo & of the 



ORDINANCES 373 

Baltimore City Ced^ title ^Fi^e fe ov o ntion," A^tiele SO of 
the Baltimore €ity Geder title "Zoning," Articl o 32 of the 
Ba ltimor e Gity God^ title ' -'Bui ld i ng R e gula tions^ approvod 
Ap*4i 4r 1966), all as amondod to date op as may sufe- 
s equently fee amondod. 

SEC. 3. AND BE IT FURTHER ORDAINED, THAT IN 
ORDER TO ATTAIN THE URBAN RENEWAL OBJEC- 
TIVES AS DELINEATED IN THE INNER HARBOR 
PROJECT I-A PLAN THE FOLLOWING ACTIONS MAY 
BE TAKEN : 

A. TO ASSURE HARMONIOUS DEVELOPMENT 
AND REHABILITATION WITHIN INNER HARBOR 
PROJECT I-A ; THERE SHALL BE : 

(I) PLAN REVIEW BY THE DEPARTMENT OF 
ALL NEW CONSTRUCTION, (INCLUDING PARKING, 
IF ANY) REHABILITATION, DEMOLITION, CHANGE 
OF USE, OR EXTERIOR CHANGE OF ANY KIND IN- 
CLUDING SIGNS AND LIGHTING TO DETERMINE IF 
SUCH PLANS OR USES ARE CONSISTENT WITH THE 
OBJECTIVES AND REQUIREMENTS OF THE RE- 
NEWAL PLAN. 

(II) A REQUIREMENT THAT ALL PROPERTIES BE 
REHABILITATED IN ACCORDANCE WITH THE 
CODES AND ORDINANCES OF BALTIMORE CITY 
AND THE REHABILITATION STANDARDS CON- 
TAINED IN APPENDIX A OF THE URBAN RENEWAL 
PLAN. 

(III) REVIEW OF PLANS AND SPECIFICATIONS 
AND THE DETERMINATION BY THE DEPARTMENT 
THAT THE PROPOSED WORK IS CONSISTENT WITH 
THE REQUIREMENTS AND OBJECTIVES OF THE 
RENEWAL PLAN SHALL BE A CONDITION PRECE- 
DENT TO THE ISSUANCE OF A BUILDING PERMIT. 

(IV) A PROHIBITION OF VERTICAL EXPANSION 
OF EXISTING STRUCTURES EXCEPT WHERE A 
BUILDING PERMIT FOR SUCH EXPANSION HAS 
BEEN ISSUED PRIOR TO MARCH 15, 1978. 

(V) THE LAND USE PROVISIONS CONTAINED IN 
SECTION C OF THE RENEWAL PLAN AND ON EX- 



374 ORDINANCES Ord. No. 710 

HIBIT C THEREIN, AND THE EXTERIOR REHABILI- 
TATION STANDARDS CONTAINED IN APPENDIX A 
OF THE RENEWAL PLAN ARE OVER AND ABOVE 
THE CODES AND ORDINANCES OF THE CITY OF 
BALTIMORE. (ARTICLE 9, TITLE "FIRE DEPART- 
MENT AND FIRE CODE"; ARTICLE 30, TITLE "ZON- 
ING CODE"; ARTICLE 32, TITLE "BUILDING REGU- 
LATIONS"; OF THE BALTIMORE CITY CODE (1976 
EDITION). AS AMENDED TO DATE OR AS MAY BE 
SUBSEQUENTLY AMENDED.) 

b. To acquire by purchase or by condemnation, for 
urban renewal purposes, the fee simple interest or any 
lesser interest in and to such of the properties or portions 
thereof in the Inner Harbor Project I-A as may be deemed 
necessary and proper by the Commissioner to effect the 
proper implementation of the Renewal Plan. This may in- 
clude: 

•(*)■ Afiy property m the project agea containing a aoa- 
salvablo structure, iro^ a structur e which, i» the opinion 
of the Commissioner of the Dopartmont of Housing a&4 
Community Development, cannot bo oconomicalty rehabil - 
itated , 

4«-)- A»y prop e rty i» the Inn e r Harbor Projoct J-A 
which the own e r intends to alter, rehabilitat e op domolish 
m a manner »ot i» s ubstantial conformity with aii *o- 
hnbilitation guidelin e s sot forth m App e ndix ^A^ os the 
other objective s of the Ronowal Plan. 

(I) ANY PROPERTY IN THE PROJECT AREA 
CONTAINING A NON-SALVABLE STRUCTURE, I.E., 
A STRUCTURE WHICH IN THE OPINION OF THE 
COMMISSIONER OF THE DEPARTMENT OF HOUS- 
ING AND COMMUNITY DEVELOPMENT CANNOT BE 
ECONOMICALLY REHABILITATED. 

(II) ANY PROPERTY THE OWNER OF WHICH IS 
UNABLE OR UNWILLING TO COMPLY OR CONFORM 
TO THE CODES AND ORDINANCES OF BALTIMORE 
CITY WITHIN 12 MONTHS FROM THE DATE OF 
WRITTEN NOTICE OF THE REQUIRED IMPROVE- 
MENTS, THE DEPARTMENT OF HOUSING AND COM- 
MUNITY DEVELOPMENT, AFTER DUE CONSIDER- 



ORDINANCES 375 

ATION THAT THE PROPERTY OWNER HAS FAILED 
TO ACHIEVE SUBSTANTIAL CONFORMITY WITH 
THE CODES AND ORDINANCES OF BALTIMORE CITY 
MAY ACQUIRE SUCH PROPERTY PURSUANT TO 
THE EMINENT DOMAIN LAW OF THIS STATE AS IF 
THE PROPERTY HAS ORIGINALLY BEEN PLANNED 
FOR ACQUISITION AFTER 90 DAYS WRITTEN NO- 
TICE TO THE OWNER. THE DEPARTMENT OF HOUS- 
ING AND COMMUNITY DEVELOPMENT RESERVES 
THE RIGHT TO ACQUIRE ANY SUCH NON-COMPLY- 
ING PROPERTY FOR A PERIOD OF TWO (2) YEARS 
FROM THE DATE OF SAID WRITTEN 90 DAYS NO- 
TICE BY THE DEPARTMENT OF HOUSING AND COM- 
MUNITY DEVELOPMENT. 

(Ill) ALL APPLICATIONS FOR DEMOLITION 
PERMITS SHALL BE SUBMITTED TO THE DEPART- 
MENT OF HOUSING AND COMMUNITY DEVELOP- 
MENT FOR REVIEW AND APPROVAL. UPON FIND- 
ING THAT THE PROPOSED DEMOLITION IS CON- 
SISTENT WITH THE OBJECTIVES OF THE URBAN 
RENEWAL PLAN, THE COMMISSIONER OF THE DE- 
PARTMENT OF HOUSING AND COMMUNITY DEVEL- 
OPMENT SHALL AUTHORIZE THE ISSUANCE OF 
THE NECESSARY PERMIT. IF THE COMMISSIONER 
FINDS THAT THE PROPOSAL IS INCONSISTENT 
WITH THE OBJECTIVES OF THE URBAN RENEWAL 
PLAN AND THEREFORE DENIES THE ISSUANCE OF 
THE PERMIT, HE SHALL, WITHIN 90 DAYS OF SUCH 
DENIAL, SEEK APPROVAL OF THE BOARD OF ESTI- 
MATES TO ACQUIRE FOR AND ON BEHALF OF THE 
MAYOR AND CITY COUNCIL OF BALTIMORE, THE 
PROPERTY, IN WHOLE OR IN PART, ON WHICH 
SAID DEMOLITION WAS TO HAVE OCCURRED, BY 
PURCHASE LEASE, CONDEMNATION, GIFT OR 
OTHER LEGAL MEANS FOR THE RENOVATION, RE- 
HABILITATION AND DISPOSITION THEREOF. IN 
THE EVENT THAT THE BOARD OF ESTIMATES 
DOES NOT AUTHORIZE THE ACQUISITION, THE 
COMMISSIONER SHALL, WITHOUT DELAY, ISSUE 
THE DEMOLITION PERMIT. 

(c) In addition to, and not in place of, the remedy of 
acquisition by purchase or condemnation of non-complying 



376 ORDINANCES Ord. No. 710 

properties, the Department may correct code violations and 
place a lien against the property in accordance with the 
provisions of Section 303 of the Housing Code of Baltimore 
City as adopted by Ordinance 902, approved December 22, 
1966. 

(d) Upon acquisition of properties by the Department 
as herein provided, the Department shall : 

(i) Rehabilitate the property in conformance with the 
codes and ordinances of the City and the rehabilitation 
standards and objectives set forth in the Renewal Plan 
and dispose of property at its fair value in accordance 
with applicable regulations. If sale cannot be consummated 
by the time rehabilitation is accomplished, the property 
may be rented pending continuing sale efforts ; or, 

(ii) Sell or lease the property subject to rehabilitation 
and/or maintenance in conformance with the codes and 
ordinances of Baltimore City and the rehabilitation stan- 
dards and objectives set forth in the Renewal Plan; or 

(iii) Demolish the structure or structures thereon and 
dispose of land for redevelopment at its fair value for uses 
consistent with the Renewal Plan ; or 

(iv) Devote the property and /or structures to a public 
use consistent with the Renewal Plan. 

(E) TO PLACE REGULATIONS, CONTROLS AND 
RESTRICTIONS BY COVENANTS OR OTHER PROVI- 
SIONS IN THE AGREEMENTS FOR LAND DISPOSI- 
TION AND INSTRUMENTS OF CONVEYANCE EXE- 
CUTED PURSUANT THERETO. 

SEC. 4. And be it farther ordained, that a4i THE Exterior 
Rehabilitation Guidolinos, Guid e lines £of Exterior Signs 
aft4 Lighting Guidolinos STANDARDS for Inner Harbor 
Project I- A as set forth in Appendice "A" are hereby 
adopted. 

Sec. 5. And be it further ordained, that the Real Estate 
Acquisition Division of the Department of the Comp- 
troller, or such person or persons and in such manner 
as the Board of Estimates, in the exercise of the power 
vested in it by Article V, Section 5, of the Baltimore City 



ORDINANCES 377 

Charter, may hereafter from time to time designate, is or 
are authorized to acquire on behalf of the Mayor and City 
Council of Baltimore and for the purposes described in 
this ordinance, the fee simple interest or any lesser interest 
in and to the properties or portions thereof hereinabove 
mentioned. If the said Real Estate Acquisition Division of 
the Department of the Comptroller, or such person or 
persons, and in such manner as the Board of Estimates, in 
the exercise of the power vested in it by Article V, Section 
5, of the Baltimore City Charter, may hereafter from time 
to time designate, is or are unable to agree with the owner 
or owners on the purchase price for said properties or 
portions thereof, it or they shall forthwith notify the City 
Solicitor of Baltimore City, who shall thereupon institute 
in the name of the Mayor and City Council of Baltimore 
the necessary legal proceedings to acquire by condemnation 
the fee simple interest or any lesser interest in and to 
said properties or portions thereof. 

Sec. 6. And be it further ordained, that in selling or 
otherwise disposing of the property in the Inner Harbor 
Project I-A, the Department of Housing and Community 
Development shall require that developers agree in writing 
not to discriminate in the sale, lease, use or occupancy of 
the property developed by them against any person because 
of race, color, religion, sex or national origin. 

Sec. 7. And be it further ordained, that in whatever 
respect, if any, the Renewal Plan approved hereby for 
Inner Harbor Project I-A, may not meet the requirements 
as to the content of a Renewal Plan or the procedure for 
the preparation, adoption, and approval of Renewal Plans 
as provided in Ordinance No. 152, approved June 28, 1968, 
the said requirements are hereby waived and the Renewal 
Plan approved hereby is exempted therefrom. 

Sec. 8. And be it further ordained, that in the event it 
be judicially determined, that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and the application of 
such provisions to other persons or circumstances shall not 
be affected hereby, the Mayor and City Council hereby 



378 ORDINANCES Ord. No. 710 

declaring that they would have ordained the remaining 
provisions of this ordinance without the word, phrase, 
clause, sentence, paragraph, section or part of the applica- 
tion thereof so held invalid. 

Sec. 9. And be it further ordained, that in any case 
where a provision of this ordinance concerns the same 
subject matter as an existing provision of any zoning, build- 
ing, electrical, plumbing, health, fire, safety, or other ordi- 
nance, code or regulation, the applicable provisions con- 
cerned shall be construed so as to give effect to each; 
provided, however, that if such provisions are found to 
be in irreconcilable conflict, the provision which establishes 
the higher standard for the promotion of the public health 
and safety shall prevail. In any case where a provision 
or this ordinance is found to be in conflict with an existing 
provision of any other ordinance or code or regulation in 
force in the City of Baltimore which establishes a lower 
standard for the promotion and protection of the public 
health and safety, the provision of this ordinance or code 
or regulation is hereby repealed to the extent that it may 
be found in conflict with this ordinance. 

Sec. 10. And be it further ordained, that the approval 
of the Renewal Plan for Inner Harbor Project I- A by this 
ordinance shall not be construed as an enactment of such 
amendments to the zoning ordinances, as are proposod i» 
the Renewal Plan. 

Sec. 11. And be it further ordained, that any person 
violating any of the provisions of this ordinance shall be 
guilty of a misdemeanor and shall be subject to a fine not 
exceeding One Hundred Dollars ($100.00) and that each 
day's violation shall constitute a separate offense. 

Sec, 12. And be it further ordained, that this ordinance 
shall take effect from the date of its passage. 

Approved May 12, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 379 

No. 711 

(Council No. 1208) 

An Ordinance to repeal and reordain with amendments 
Ordinance No. 432, approved July 25, 1977, in order to 
make certain corrections in the preamble. 

SECTION 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Ordinance No. 432, approved July 25, 
1977, be repealed and reordained with amendments to read 
as follows : 

Whereas, Article 41, Sections 266J and 266CC, inclusive, 
of the Annotated Code of Maryland, as amended, created 
and amended the Maryland Industrial Development Financ- 
ing Authority, hereinafter called "MIDFA," vested in it 
certain powers and duties in connection with the preserva- 
tion and betterment of the economy of the State, authorizes 
any municipality of the State to borrow money without 
pledging its full faith and credit, and to execute a mortgage 
as security therefore, and use such money to defray the 
cost of acquiring an industrial project, including land, 
buildings and equipment, either by purchase or con- 
struction, after the adoption of an ordinance by the legis- 
lature of the municipality to do so; and 

Whereas, the money appropriated herein represents the 
proceeds of an Industrial Development Loan [fully] guar- 
anteed in part by the Maryland Industrial Development Fi- 
nancing Authority; and 

Whereas, Ordinance US1, approved July 25, 1977 provides 
a sum of money not to exceed Two Hundred Eighty-eight 
Thousand and Five Hundred Dollars ($288,500) for the 
acquisition and improvement of various properties located 
in Baltimore City; and 

Whereas, Ordinance US1, approved July 25, 1977 pro- 
vides for the leasing of the aforementioned property to the 
Hughes-Savanach partnership who shall sublease the prop- 
erty to Chemical Specialties Manufacturing Company to 
be used in connection with its business operations; and 

Whereas, the Industrial Development Loan represents a 
material change in circumstances since the adoption of the 
1976-77 Ordinance of Estimates; and 



380 ORDINANCES Ord. No. 712 

Whereas, the supplementary special loan fund appro- 
priation ordained herein has been recommended to the City 
Council by the Board of Estimates, said recommendation 
having been made at a regular meeting of said Board held 
on the 25th day of May, 1977, all in accordance with Article 
VI, Section 2(h) (3) of the 1964 revised Charter of Bal- 
timore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, Sec- 
tion 2(h) (3) of the 1964 revision of the Charter of Bal- 
timore City, the sum of Two Hundred Eighty-eight Thou- 
sand Five Hundred Dollars ($288,500) shall be made 
available to the Department of Housing and Community 
Development of the City of Baltimore as a supplementary 
teyq-£?ai4 ft copv of the o rdinanc e a^4 one of the plats to tke 
SPECIAL LOAN FUND APPROPRIATION FOR THE 
FISCAL YEAR ENDING June 30, 1977 for the purpose 
of acquiring and improving various properties located in 
Baltimore City. The amount thus made available as a sup- 
plementary special loan fund appropriation shall be ex- 
pended from an Industrial Development Loan and shall be 
the source of revenue for this supplementary special loan 
fund appropriation, as required by Article VI, Section 
2(h) (3) of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 12, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 712 
(Council No. 1441) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in ac- 
cordance with Article V, Section 5(b) of the City Charter, 
all of the interest of the Mayor and City Council of 
Baltimore in and to that parcel of land being the western- 



ORDINANCES 381 

most eighty feet of that lot of ground and premises 
known or formerly known as No. 2801 Hudson Street, 
said property being no longer needed for public use. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Article V, Section 5(b) of 
the City Charter, all of the interest of the Mayor and City 
Council of Baltimore, in and to that parcel of land being 
the westernmost eighty (80) feet of that lot of ground 
and premises known or formerly known as No. 2801 Hudson 
Street, and described as follows, said property being no 
longer needed for public use: 

Beginning for the same at the point formed by the inter- 
section of the south side of Hudson Street, as now laid 
out 70 feet wide, and the east side of Kenwood Avenue, 
as now laid out 70 feet wide, said point of beginning being 
the beginning of the parcel of land conveyed by The Canton 
Co. to the Mayor and City Council of Baltimore by deed 
dated August 1, 1968, and recorded among the Land Rec- 
ords of Baltimore City in Liber R.H.B. No. 2456, Folio 
624, and running thence binding on the south side of said 
Hudson Street and on part of the first line of the parcel 
of land described in said deed, there situate, as now sur- 
veyed, North 87°-06'-30" East 80.00 feet to the end of the 
third line of the parcel of land conveyed by the Mayor and 
City Council of Baltimore to M & M Properties Partnership 
by deed dated June 8, 1977 and recorded among the Land 
Records of Baltimore City in Liber R.H.B. No. 3505, 
Folio 508; 

thence binding reversely on the third line of the parcel of 
land described in last said deed, South 02°-53'-30" East 
80.00 feet to intersect the third line of the parcel of land 
described in the deed mentioned firstly herein; thence 
binding on part of the third line of the parcel of land de- 
scribed in the deed mentioned firstly herein, to the end 
thereof, as now surveyed, South 87°-06'-30" West 80.00 feet 
to the west side of said Kenwood Avenue and running 
thence binding on the west side of said Kenwood Avenue, 
and on the last line of the parcel of land described in the 
deed mentioned firstly herein, there situate, as now sur- 



382 ORDINANCES Ord. No. 713 

veyed, North 02°-53'-30" West 80.00 feet to the place of 
beginning. 

Containing 6400 square feet or 0.1469 acre of land, more 
or less. 

All courses and distances in the above description are 
referred to the true meridian as adopted by the Baltimore 
Survey Control System. 

Being lot 1 of the subdivision of that parcel of land 
known as No. 2801 Hudson Street, Baltimore, Maryland, 
shown on Plat No. 308-A-7b on file in the Office of the 
Director of Public Works. 

Said property being no longer needed for public use. 

Sec. 2. And be it further ordained, That this sale is 
subject to the condition that the architectural plans for 
development on said subject tract be submitted to the Plan- 
ning Commission for review and approval and that the 
Planning Commission shall refer said plans to the Design 
Advisory Panel of the Department of Housing and Com- 
munity Development for its opinion. The Commission's 
decision shall be based on the advice of said panel. 

Sec. 3. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 4. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 12, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 713 
(Council No. 1446) 

An Ordinance to add a new section 1710 (o) to Article 32 
of the Baltimore City Code, 43SG 1976 Edition, Building 
Regulations Chapter 17, fees and service charges where- 



ORDINANCES 383 

by fees and service charges would be established by sedi- 
ment and erosion control. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Subsection 1710 (o) be and the 
same is hereby added to Article 32 of the Baltimore City 
Code, 4d££ 1976 Edition, Title, Building Regulations, 
Chapter 17, Fees and Service Charges, to follow immedi- 
ately after Subsection 1710 (n) and to read as follows: 

1710 (o) Sediment and Erosion Control 

$10.00 for each permit plus the following $ per square 

Disturbed Area (square feet) feet disturbed 

Up to and including 5,000 $ .002 

5,001 to and including 15,000 .003 

15,001 and over .00 h 

Sec. 2. And be it further ordained, That any and all 
public local laws or special laws, ordinances or resolutions, 
and any and all parts of any public local laws or special 
laws, ordinances or resolutions inconsistent with any of 
the provisions of this ordinance are hereby repealed to 
the extent of any such inconsistency. 

Sec. 3. And be it further ordained, That in case it be 
judicially determined that any word, phrase, clause, item, 
sentence, paragraph or section of this ordinance, or the 
application thereof to any person or circumstance, is in- 
valid, the remaining provisions and the application of such 
provisions to other persons or circumstances shall not be 
affected thereby, the Mayor and City Council hereby de- 
claring that they would have ordained the remaining pro- 
visions of this ordinance without the word, phrase, clause, 
item, sentence, paragraph or section, or the application 
thereof, so held invalid. 

Sec. 4. And be it ordained, That this ordinance shall take 
effect the date of its passage. 

Approved May 12, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



384 ORDINANCES Ord. No. 714 

No. 714 
(Council No. 1469) 

An Ordinance designating as a "Renewal Area", an area 
situate in Baltimore City, Maryland, known as the Wash- 
ington Boulevard Business Area, bounded generally by 
Ramsay Street on the North, Barre Street on the east, 
Carroll Street on the south and Wyeth Street on the west ; 
approving a renewal plan for the Washington Boulevard 
Business Area; authorizing the acquisition by purchase 
or by condemnation by the Mayor and City Council of 
Baltimore for urban renewal purposes of the fee simple 
interest or any lesser interest, together with the improve- 
ments thereon, situate in Baltimore City, within the 
Washington Boulevard Business Area; establishing re- 
habilitation standards for all non-residential properties; 
providing penalties for violating these rehabilitation 
standards; providing for review by the Department of 
Housing and Community Development of all plans for 
rehabilitation or new construction within the Washington 
Boulevard Business Area; establishing procedures for 
issuance and denial of demolition permits ; providing that 
in selling land in the Washington Boulevard Business 
Area, the Department of Housing and Community De- 
velopment shall require that developers agree in writing 
not to discriminate in the sale, lease, use or occupancy 
of the property developed by them against any persons 
because of race, creed, color or national origin; pro- 
viding that the provisions of this Ordinance shall apply 
only to properties used, in whole or in part, for commer- 
cial purposes and shall not apply to properties used solely 
for residential purposes; waiving such requirements, if 
any, as to content or procedure for the preparation, 
adoption and approval of renewal plans as set forth in 
Ordinance No. 152, approved June 28, 1968, which the 
renewal plan for the Washington Boulevard Business 
Area may not meet ; providing for the separability of the 
various parts and applications of this ordinance; pro- 
viding that where the provisions of this ordinance shall 
conflict with any other ordinance, code or regulation, 
the provisions which establish the higher standard shall 
prevail, and providing for the effective date hereof. 



ORDINANCES 385 

Whereas, the Department of Housing and Community 
Development in consultation with the Director of the De- 
partment of Planning acting pursuant to powers vested 
by Section 23(a) of Article 13 of the Baltimore City Code 
(1966 Edition) as amended by Ordinance No. 152, approved 
June 28, 1968, and further amended by Ordinance 325, 
approved May 31, 1977, has heretofore determined that the 
Washington Boulevard Business Area, as hereinbelow more 
particularly described, may be benefited through the ex- 
ercise of those functions and powers of the City of Baltimore 
which are more vested in the Department of Housing and 
Community Development by Ordinance No. 152, approved 
June 28, 1968, and has recommended to the City Council 
that an ordinance be passed to designate the Washington 
Boulevard Business Area as a "Renewal Area" ; and 

Whereas, under Ordinance No. 152, approved June 28, 
1968, the Department of Housing and Community Develop- 
ment is authorized to prepare and administer Renewal Plans 
in Renewal Areas; and 

Whereas, the Department of Housing and Community 
Development has prepared a Renewal Plan for the Wash- 
ington Boulevard Business Area, consisting of a cover page, 
a table of contents, and ten (10) pages of text and two (2) 
exhibits which solely intended to apply to properties used 
for commercial purposes; and 

Whereas, the Renewal Plan for the Washington Boule- 
vard Business Area was approved by the Director of 
the Department of Planning on February 22, 1978, 
with respect to its conformity as to the Master Plan; 
the detailed location of any public improvements proposed 
in the Renewal Plan ; its conformity to the rules and regu- 
lations for subdivisions; and all zoning changes proposed 
in the Renewal Plan, and the Renewal Plan was approved 
and recommended to the City Council by the Commissioner 
of the Department of Housing and Community Develop- 
ment on February 22, 1978, now, therefore, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That it is hereby found and determined that 
the Renewal Area known as the Washington Boulevard 
Business Area, as hereinbelow more particularly described, 



386 ORDINANCES Ord. No. 714 

may be benefited through the exercise of the functions and 
powers vested in the Department of Housing and Com- 
munity Development. 

Sec. 2. And be it further ordained, That the said Wash- 
ington Boulevard Business Area is more particularly de- 
scribed as follows: 

Beginning for the same at a point formed by the inter- 
section of the Southern right-of-way line of Washington 
Boulevard and the western right-of-way line of Wyeth 
Street ; thence running in a northerly direction and binding 
on an extended line of the western right-of-way line of 
Wyeth Street to a point of intersection with the northern 
right-of-way line of Washington Boulevard; thence run- 
ning in an easterly direction and binding on the northern 
right-of-way line of Washington Boulevard to a point of 
intersection with the western property line of Lot 3, Ward 
21, Section 2, Block 847-B; thence running in a northerly 
direction and binding on the western property line of Lot 
3, Ward 21, Section 2, Block 847-B to a point of intersection 
with the southern right-of-way line of Clifford Street; 
thence binding on the southern right-of-way line of Clifford 
Street ; as extended easterly, to a point of intersection with 
the eastern right-of-way line of Scott Street; thence run- 
ning in a northerly direction and binding on the eastern 
right-of-way line of Scott Street to a point of intersection 
with the southern right-of-way line of the first 4-foot alley ; 
thence running in an easterly direction and binding on the 
southern right-of-way line of the first 4-foot alley to a 
point of intersection with the western property line of lot 
25, Ward 21, Section 13, Block 848; thence binding on 
said western property line, the northern lot lines of Lots 
25, 26, 27 and 28/32, and the eastern property line of 
Lot 28/32, all in Ward 21, Section 13, Block 848, northerly, 
easterly and southerly to a point of intersection with an 
extended line of the southern right-of-way line of Clifford 
Street, westerly from West Barre Street; thence running 
in an easterly direction and binding on said extended line 
and the southern right-of-way line of Clifford Street to a 
point of intersection with the western right-of-way line 
of West Barre Street; thence running in a southerly and 
southeasterly direction and binding on the western right- 



ORDINANCES 387 

of -way line of West Barre Street to a point of intersection 
with the southern property line of Lot 51, Ward 21, Section 
13, Block 852; thence running in a westerly direction and 
binding on the southern property line of Lot 51, Ward 21, 
Section 13, Block 852 to a point of intersection with the 
western property line of Lot 51, Ward 21, Section 13, 
Block 852; thence running in a northerly direction and 
binding on the western property line of Lot 51, Ward 21, 
Section 13, Block 852 to a point of intersection with the 
southern right-of-way line of Eislen Street; 
thence running in a westerly direction and binding on the 
southern right-of-way line of Eislen Street to a point of 
intersection with the eastern property line of Lots 55 and 
56, Ward 21, Section 13, Block 852; thence running in a 
northerly direction and binding on the eastern property 
line of Lots 55 and 56, Ward 21, Section 13, Block 852, 
to a point of intersection with the southern right-of-way 
line of Eislen Street ; 

thence running in a westerly direction and binding on the 
southern right-of-way line of Eislen Street, crossing Otter- 
bein Street, and continuing along the southern right-of- 
way line of Eislen Street to a point of intersection with 
the eastern property line of Lot 24, Ward 21, Section 13, 
Block 852; thence running in a southerly direction and 
binding on the eastern property line of Lot 24, Ward 21, 
Section 13, Block 852, to a point of intersection with the 
southern property line of Lot 24, Ward 21, Section 13, 
Block 852; thence running in a westerly direction and 
binding on the southern property line of Lot 24, Ward 21, 
Section 13, Block 852, crossing Scott Street along an ex- 
tension of said property line to a point of intersection with 
the Western right-of-way line of Scott Street; thence 
running in a southerly direction and binding on the western 
right-of-way line of Scott Street to a point of intersection 
with an easterly extension of the southern property line 
of Lot 8, Ward 21, Section 7, Block 851 ; thence running 
in a westerly direction and binding on said extension of, 
and the southern property line of Lot 8, Ward 21, Section 7, 
Block 851, to a point of intersection with the eastern right- 
of-way line of an unnamed 2-foot alley; thence running 
in a southerly direction and binding on the eastern right- 
of-way line of said unnamed 2-foot alley to a point of 
intersection with the northern right-of-way line of Carroll 



388 ORDINANCES Ord. No. 714 

Street ; thence running in a westerly direction and binding 
on the northern right-of-way line of Carroll Street to a 
point of intersection with the western right-of-way line of 
another unnamed 2-foot alley; thence running in a north- 
erly direction and binding on the western right-of-way 
line of said unnamed 2-foot alley to a point of intersection 
with the northern property line of Lot 70, Ward, 21. Sec- 
tion 6, Block 851 ; thence running in a westerly direction 
and binding on the northern property line of Lot 70, Ward 
21, Section 7, Block 851 and a westerly extension of said 
northern property line, crossing Wyeth Street to a point 
of intersection with the western right-of-way line of Wyeth 
Street ; thence running in a northerly direction and binding 
on the western right-of-way line of Wyeth Street to the point 
of beginning. 

Sec. 3. And be it further ordained, That the Renewal 
Plan for the Washington Boulevard Business Area, identi- 
fied as "Urban Renewal Plan, Washington Boulevard Busi- 
ness Area", having been duly reviewed and considered, is 
hereby approved, and the Clerk of the City Council is 
hereby directed to file a copy of said Renewal Plan with 
the Department of Legislative Reference as a permanent 
record and make the same available for public inspection 
and information. 

Sec. 4. And be it further ordained. That it may be neces- 
sary to acquire by purchase or by condemnation for Urban 
Renewal purposes for fee simple interest or any lesser 
interest in and to such of the remaining properties or 
portions thereof in the Washington Boulevard Business 
Area not specifically designated for acquisition in this ordi- 
nance, as may be deemed necessary and proper by the 
Commissioner of the Department of Housing and Com- 
munity Development to effect the proper implementation 
of the project. 

(1) These properties may include: 

(a) Any property in the project area containing a non- 
salvable structure, i.e. a structure which in the opinion of 
the Commissioner of the Department of Housing and Com- 
munity Development cannot be economically rehabilitated. 



ORDINANCES 389 

(b) Any property the owner of which is unable or 
unwilling to comply or conform to the codes and ordinances 
of Baltimore City and the Property Rehabilitation Stand- 
ards set forth in Section 5 of this ordinance within 24 
months from the date of written notice of the required 
improvements, the Department of Housing and Community 
Development, after due consideration that the property 
owner has failed to achieve substantial conformity with 
the codes and ordinances of Baltimore City, may acquire 
such property pursuant to the Eminent Domain Law of 
this State as if the property had originally been planned for 
acquisition after 90 days written notice to the owner. The 
Department of Housing and Community Development re- 
serves the right to acquire any such non-complying property 
for a period of two (2) years from the date of said written 
90 days notice by the Department of Housing and Com- 
munity Development. 

(2) Upon the acquisition of such properties the De- 
partment of Housing and Community Development will 
either : 

(a) Rehabilitate the property in conformance with the 
codes and ordinances of Baltimore City and the Property 
Rehabilitation Standards set forth in Section 5 of this 
ordinance and dispose of property in accordance with ap- 
plicable regulations. If sale cannot be consummated by the 
time rehabilitation is accomplished, units may be rented ; or 

(b) Sell or lease the property subject to rehabilitation 
in conformance with the codes and ordinances of Baltimore 
City and the Property Rehabilitation Standards set forth 
in Section 5 of this ordinance; 

(c) Demolish the structure or structures thereon and 
dispose of the land for redevelopment for uses in accord- 
ance with this Plan. 

Sec. 5. And be it further ordained, That in addition to 
the standards for properties outlined in the codes and 
ordinances of the City of Baltimore, the following addi- 
tional standards shall be applied to all non-residential uses 
within the project area: 



390 ORDINANCES Ord. No. 714 

a. Windows 

(1) Windows not in the front of the buildings shall be 
kept properly repaired or, with Fire Department approval, 
may be closed, in which case sills, lintels and frames must 
be removed and the opening properly closed to match the 
material, design and finish of the adjacent wall. 

(2) All windows must be tight-fitting and have sashes 
of proper size and design. Sashes with rotten wood, broken 
joints or loose mullions or muntins shall be replaced. All 
broken and missing window glass shall be replaced with 
glass or approved plastic glazing. All exposed wood shall 
be repaired and painted. 

(3) Window openings in upper floors of buildings with 
fronts or sides on Washington Boulevard, Scott Street and 
Barre Street, shall not be filled or boarded up. Windows in 
unused areas of the upper floors may be backed by a solid 
surface on the inside of the glass. Window panes shall not 
be painted. 

(4) Shutters may be provided on windows above the 
first floor level on the front of buildings. They shall be 
fixed to the wall by either a metal latch or a wood device or 
be held permanently "open" (fastened to the wall). In 
cases where shutters would be in harmonious with the 
original design of the building, they shall not be permitted. 

b. Building Fronts and Sides Abutting Streets 

(1) All defective structural and decorative elements 
of building fronts and sides abutting streets shall be re- 
paired or replaced in a workmanlike manner to match as 
closely as possible the original materials and construction 
of that building. All damaged, sagging or otherwise de- 
teriorated storefronts, show windows or entrances shall be 
repaired or replaced. 

(2) All cornices, upper store windows (and all portions 
of a building containing wood trim) shall be made struc- 
turally sound. Rotten or weakened portions shall be re- 
moved and repaired, or replaced to match as closely as 
possible the original patterns. All exposed wood shall be 
painted or stained, or otherwise treated for protection. 



ORDINANCES 391 

(3) A show window, as a part of the building facade, 
shall be defined to include: 

(a) the building face and the entrance area leading to 
the door; plus lighting and signing designed to be viewed 
from the public right-of-way and/or the area visible to the 
public prior to entering the interior portion of the structure. 

Show windows, entrances, signs, lighting, sun protection, 
security grilles, etc., shall be compatible, harmonious and 
consistent with the original scale and character of the 
structure. 

Enclosures and housings for security grilles and screens 
shall be as inconspicuous as possible and compatible with 
other elements of the facade. Metal enclosures must be 
painted to match trim unless they are incorporated in the 
sign structure. 

All exposed portions of the grille, screen or enclosure 
which are normally painted and all portions which require 
painting to preserve, protect or renovate the surface shall be 
painted. 

All screens and grilles protecting entrances and show 
windows must be constructed so they can be opened or 
removed. Such screens and grilles shall be opened or re- 
moved during the normal business hours of that business. 

Show windows shall not be painted for advertising pur- 
poses, but may be painted for authorized identification of 
the place of business when authorized by the Department 
of Housing and Community Development. 

No temporary or permanent sign affixed or placed against 
the inside surface of a show window shall exceed 20% of 
the area of that show window. 

Decals one square foot or less in area may be affixed to 
show windows or entrance door windows when same are 
supplied by credit card companies and carry no text or 
message other than the identification of such companies. 

(4) Solid or permanently enclosed storefronts shall not 
be permitted, unless treated as an integral part of the 
building facade using wall materials and window detailing 
compatible with the upper floors. 



392 ORDINANCES Ord. No. 714 

(5) Awnings 

(a) Soft, retractable awnings are permitted over the 
first floor and on upper floors over windows. 

(b) They must be flameproofed 

(c) They shall not project more than seven (7) feet 
from the building front and shall otherwise conform with 
the provisions of City ordinances. 

(d) Awnings over storefronts shall terminate against 
the building at a height not to exceed thirteen (13) feet 
above the pavement, or one inch below the second floor 
window sill, whichever is lower. 

(e) Rigid or fixed awnings, sun screens or permanent 
canopies are not permitted or any portion of the building 
front. 

(6) Adjoining buildings used by the same occupant shall 
be rehabilitated in a unified and harmonious manner. Each 
building shall be rehabilitated and repaired with materials 
and in a manner consistent with the original construction 
techniques where feasible. 

(7) All exterior front or side walls which have not 
been wholly or partially resurfaced or built over shall be 
repaired and cleaned or painted in an acceptable manner. 
Brick walls shall be pointed where necessary. Painted ma- 
sonry walls shall have loose material removed and be painted 
a single color except for trim which may be another color. 
Patched walls shall match the existing adjacent surfaces 
as to materials, color, bond and jointing. 

(8) Masonry walls shall be treated in the following 
manner: 

(a) Natural stone shall be clean and mortar joints 
pointed where necessary. 

(b) Brick may be cleaned and then sealed; or if the 
brick has been previously painted, it may be sealed to 
remove all loose material and repainted with one color. 

(c) Existing formstone applied over brick may be re- 
moved and the brick cleaned and painted and then sealed; 
or, existing formstone shall be painted in a manner approved 



ORDINANCES 393 

by the Department of Housing and Community Develop- 
ment. 

(d) Any other applied facing materials which are dec- 
orative only shall be removed within 24 months if not 
original ; if original and corrugated metal siding or plywood, 
they shall be removed and replaced with approved harmo- 
nious materials ; if original and other than corrugated metal 
siding or plywood, they shall be repaired as necessary 
according to the minimum standards set forth in this 
ordinance. 

(e) Any facing materials applied for reasons other than 
decoration shall be painted or otherwise treated in a manner 
harmonious to the rest of the structure as approved by 
the Department of Housing and Community Development. 

(9) Dormer windows on roofs sloping toward the shop- 
ping street shall be treated in accordance with the same 
criteria as building fronts. 

(10) Existing miscellaneous elements on the building 
fronts, such as empty electrical or other conduits, unused 
sign brackets, etc., shall be removed and the building 
repaired as necessary. 

(11) Sheet metal gutters and downspouts shall be re- 
paired or replaced as necessary and shall be neatly located 
and securely installed. Gutters and downspouts shall be 
repaired or replaced as necessary and shall be neatly lo- 
cated and securely installed. Gutters and downspouts shall 
be painted to harmonize with the other building front colors. 

c. Rear and Side Walls 

(1) Rear and side walls shall be repaired and painted 
to present a neat and fresh appearance. Rear walls shall 
be painted to cover evenly all miscellaneous patched and 
filled areas or be stuccoed to present an even and uniform 
surface. 

(2) Side walls, where visible from any street, shall be 
finished or painted so as to harmonize with the front of 
the building. 

d. Roofs 

(1) Chimneys, elevator penthouses or any other auxil- 
iary structures on the roofs shall be repaired and cleaned 



394 ORDINANCES Ord. No. 714 

as required for rear and side walls. Any construction visible 
from the street or from other buildings shall be finished 
so as to be harmonious with other visible building walls. 

(2) Any new mechanical equipment placed on a roof 
shall be so located as to be hidden from view from the 
shopping streets, and to be as inconspicuous as possible 
from other viewpoints. New equipment shall be screened 
with suitable elements of a permanent nature, finished so 
as to harmonize with the rest of the building. Where such 
screening is unfeasible, equipment shall be installed in a 
neat, presentable manner, and shall be painted in such a 
manner as to minimize its visibility. 

(3) Television and radio antennae shall be located so 
as to be as inconspicuous as possible. 

(4) Roofs shall be kept free of trash, debris, or any 
other element which is not a permanent part of the build- 
ing or a functioning element of its mechanical or electrical 
system. 

e. Auxiliary Structures 

Structures at the rears of buildings attached or unattached 
to the principal commercial structure which are structurally 
deficient, shall be properly repaired or demolished. 

f. Rear Yards 

Where a rear yard exists or is created through the demo- 
lition of structures, the owner shall condition the open area 
in one of two ways as outlined below. 

(1) Enclosure of Yards 

A rear yard may be enclosed along side and rear prop- 
erty lines by a masonry wall, consistent and harmonious 
in design with the rear walls of the building. Solid doors 
or solid gates may be used to the extent necessary for 
access and delivery. Such walls must be not less than five 
feet in height. 

(2) Provision of Parking Area 

An unenclosed rear yard may be used as a parking or load- 
ing area providing that it is properly paved, illuminated and 
maintained. A sign not exceeding six (6) square feet may 



ORDINANCES 395 

be used to identify and control parking and loading. The 
building occupant shall be responsible for maintenance of 
the parking area in a neat and clean manner. No storage 
of trash containers shall be allowed in this area except 
when housed in permanent structures of acceptable design. 

g. Signs 

(1) No signs other than those identifying the property 
where they are installed or identifying the use conducted 
therein shall be permitted. Advertising by material or 
product manufacturers shall not be permitted except as 
primary identification of an establishment. 

All lighting and electrical elements such as wires, con- 
duits, junction boxes, transformers, ballasts, switches, and 
panel boxes shall be concealed from view as much as possible. 

(2) Flat signs shall be placed parallel to the building 
face and shall not project more than 12" from the surface 
of the building and shall not exceed in area three times the 
width in feet of the frontage of the building. In the case 
of corner properties, each facade is to be calculated sepa- 
rately as to size allowed for each. Flat signs shall be placed 
no higher than one inch below the sill of the bottom of 
the second story windows where windows exist or 13 feet 
above grade level, whichever is lower. Lettering applied 
to ground floor show windows or entrance doors shall be 
limited to identification of the business. Signs identifying 
the occupant shall be permitted at rear entrance doors but 
shall not exceed six square feet in size, except where au- 
thorized by the Department of Housing and Community 
Development. 

(3) Marquees or projecting signs shall not be placed 
on any portion of any building. Existing projecting or 
otherwise non-complying signs shall be removed within 24 
months of passage of this ordinance. 

(4) Painted signs on building surfaces or use of sepa- 
rate cutout letters shall be permitted in accordance with 
the above limits for flat signs or as authorized by the 
Department of Housing and Community Development. 

(5) Non-illuminated secondary signs shall be permitted 
for the identification of commercial tenants occupying the 



396 ORDINANCES Ord. No. 714 

upper floors of a building. Such signs shall not exceed two 
(2) square feet in area and shall not project more than one 
inch beyond the surface of the building, nor shall they be 
placed higher than 13 feet above grade level. 

(6) Roof top signs, signs above the parapet of a build- 
ing, billboards, or outdoor advertising signs painted or 
mounted on structures other than billboards, except as 
otherwise herein provided, shall not be permitted. 

(7) Painted or inlaid signs on cloth awnings are per- 
mitted. 

(8) Flashing or moving signs other than barber poles 
shall not be permitted. 

(9) All signs not conforming to the above regulations 
shall be removed within two years from date of enactment 
of this ordinance except billboards larger than sixty square 
feet, which shall be removed within five years. No lease for 
such billboards expiring after date of enactment of this 
plan shall be renewed. Future minor privilege permits for 
signs shall be issued only for those signs meeting project 
design criteria. 

(10) No private signs shall be permitted except as 
herein provided or as otherwise authorized by the Depart- 
ment of Housing and Community Development for tempo- 
rary purposes not exceeding thirty days. 

h. Period of Compliance 

To the extent that rehabilitation requirements for com- 
mercial uses are specifically applicable to the Washington 
Boulevard Business Area and are not generally required 
elsewhere, the work necessary to meet such requirements 
shall be completed within two (2) years from the effective 
date of this plan, unless specifically outlined elsewhere in 
this plan. No work, alterations, or improvements shall be 
undertaken after enactment of this plan which do not 
conform with the requirements herein. 

Nothing herein shall be construed to permit any sign, 
construction, alteration, change, repair, use or any other 
matter otherwise forbidden or restricted or controlled by 
any other public law. 



ORDINANCES 397 

i. Review of Rehabilitation Plans 

(1) It shall be the responsibility of the Department of 
Housing and Community Development to supervise that 
part of this Urban Renewal Plan dealing with design, code 
enforcement and inspection. 

(2) Designs for all improvements, modifications, re- 
pair, rehabilitation or painting concerning the exterior of 
the existing buildings, their yards or their show windows, 
and for all signs, and new construction shall be submitted 
to the Commissioner of the Department of Housing and 
Community Development and written approval by the De- 
partment shall be required before proceeding with the work. 
It shall be the responsibility of the property owner or an 
authorized agent to secure all the necessary permits in 
order to undertake the proposed work. 

(3) The Commissioner of the Department of Housing 
and Community Development shall be concerned with all 
aspects of the designs affecting the exterior appearance 
of properties, and in particular with the following: 

(a) Colors to be used on buildings and signs. 

(b) Design of show windows and entrance area, in- 
cluding choice of material and types of security devices. 

(c) Design of signs, methods of illumination, colors, 
materials and methods of suspension. 

(d) Conditioning of rear yard spaces and locations of 
delivery signs. 

(e) All exterior materials and colors. 

(f) Design of awnings, shutters and upper floor win- 
dows. 

(g) Compatibility of new construction, as to scale, 
color, materials and signing. 

Sec. 6. And be it further ordained, That any person 
violating any of the provisions of Section 5 of this ordi- 
nance shall be guilty of a misdemeanor and shall be subject 
to a fine not exceeding One Hundred Dollars ($100.00) and 
that each day's violation shall constitute a separate offense. 



398 ORDINANCES Ord. No. 714 

Sec. 7. And be it further ordained, That all plans for 
new construction (including parking lots) or rehabilitation 
on any property not to be acquired under the provisions of 
this plan shall be submitted to the Department of Housing 
and Community Development for review. Upon finding that 
the proposed plans are consistent with the objectives of the 
urban renewal plan, the Commissioner of the Department 
of Housing and Community Development shall authorize 
the processing of the plans for issuance of a building per- 
mit. The provisions of this section are in addition to and 
not in lieu of all other applicable laws and ordinances 
relating to new construction. 

Sec. 8. And be it further ordained, That all applications 
for demolition permits shall be submitted to the Depart- 
ment of Housing and Community Development for review 
and approval. Upon finding that the proposed demolition 
is consistent with the objectives of the urban renewal plan, 
the Commissioner of the Department of Housing and Com- 
munity Development shall authorize the issuance of the 
necessary permit. If the Commissioner finds that the pro- 
posal is inconsistent with the urban renewal plan and 
therefore denies the issuance of the permit, he shall, within 
90 days of such denial, seek approval of the Board of Esti- 
mates to acquire for and on behalf of the Mayor and City 
Council of Baltimore the property, in whole or in part, on 
which said demolition was to have occurred by purchase, 
lease, condemnation, gift or other legal means for the ren- 
ovation, rehabilitation and disposition thereof. In the event 
that the Board of Estimates does not authorize the ac- 
quisition, the Commissioner shall without delay, issue the 
demolition permit. 

Sec. 9. And be it further ordained, That the Real Estate 
Acquisition Division of the Department of the Comptroller, 
or such persons and in such manner as the Board of Esti- 
mates, in the exercise of the power vested in it by Article 
V, Section 5, of the Baltimore City Charter, may hereafter 
from time to time designate, is or are authorized to acquire 
on behalf of the Mayor and City Council of Baltimore and 
for the purposes described in this ordinance the fee simple 
interest or any lesser in and to the properties or portions 
thereof hereinabove mentioned, together with all right, title, 



ORDINANCES 399 

interest and estate that the owner or owners of said prop- 
erty interests may have in all streets, alleys, ways or lanes, 
public or private, both abutting the whole area described 
and/or contained within the perimeter of said area. If the 
said Real Estate Acquisition Division of the Department of 
the Comptroller, or such person or persons and in such 
manner as the Board of Estimates in the exercise of the 
power vested in it by Article V, Section 5, of the Balti- 
more City Charter, may hereafter from time to time desig- 
nate, is or are unable to agree with the owner or owners 
on the purchase price for said properties or portions there- 
of, it or they shall forthwith notify the City Solicitor of 
Baltimore City who shall thereupon institute in the name 
of the Mayor and City Council of Baltimore, the necessary 
legal proceedings to acquire by condemnation the fee simple 
interest or any lesser interest in and to said properties or 
portions thereof. 

Sec. 10. And be it further ordained, That selling or other- 
wise disposing of the property in the Highlandtown Busi 
ass* A&&, WASHINGTON BOULEVARD BUSINESS 
AREA, the Department of Housing and Community 
Development shall require that developers agree in writing 
not to discriminate in the sale, lease, use or occupancy of 
the property developed by them against any person because 
of race, creed, color or national origin. 

Sec. 11. And be it further ordained, That in whatever 
respect, if the Renewal Plan approved hereby for the High 
l a ndtown Businoss A*ea WASHINGTON BOULEVARD 
BUSINESS AREA may not meet the requirements as 
to the content of a Renewal Plan or the procedure for the 
preparation, adoption, and approval of Renewal Plans as 
provided in Ordinance No. 152, approved June 28, 1968, 
the said requirements are hereby waived and the Renewal 
Plan approved hereby is exempted therefrom. 

Sec. 12. And be it further ordained, That in the event 
it be judicially determined that any word, phrase, clause, 
sentence, paragraph, section or part in or of this ordinance 
or the application thereof to any person or circumstances 
is invalid, the remaining provisions and application of such 
provisions to other persons or circumstances shall not be 



400 ORDINANCES Ord. No. 715 

affected thereby, the Mayor and City Council hereby de- 
claring that they would have ordained the remaining pro- 
visions of this ordinance without the word, phrase, clause, 
sentence, paragraph, section or part or the application 
thereof so held invalid. 

Sec. 13. And be it further ordained, That in any case 
where a provision of this ordinance concerns the same sub- 
ject matter as an existing provision of any zoning, building, 
electrical, plumbing, health, fire or safety ordinance or 
code or regulation, the applicable provisions concerned 
shall be construed so as to give effect to each; provided, 
however, that if such provisions are found to be in ir- 
reconcilable conflict, the provision which establishes the 
higher standard for the promotion and protection of the 
public health and safety shall prevail. In any case where a 
provision of this ordinance is found to be in conflict with 
an existing provision of any other ordinance or code or 
regulation in force in the City of Baltimore which estab- 
lishes a lower standard for the promotion and protection 
of the public health and safety, the provision of this ordi- 
nance shall prevail, and the other existing provision of 
such other ordinance or code or regulation is hereby repealed 
to the extent that it may be found in conflict with this 
ordinance. 

Sec. 14. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved May 12, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 715 
(Council No. 1517) 

An Ordinance to add new Section 37(p - 12) 40(11) to Ar- 
ticle 1 of the Baltimore City Code (1966 1976 Edition), 
title "Mayor, City Council and Municipal Agencies", sub- 
title "Commission for Historic and Architectural Preser- 



ORDINANCES 401 

vation", to follow immodiatoly after Soction 37(p 11) 
th o roof» declaring the area located within certain de- 
scribed boundaries to be the Loft Historic and Architec- 
tural Preservation District. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 37(p - 12 ^- 40 (II) be and it is 
hereby added to Article 1 of the Baltimore City Code ( 1966 
1976 Edition), title "Mayor, City Council and Municipal 
Agencies", subtitle "Commission for Historic and Archi- 
tectural Preservation", to follow immodiatoly after Section 
37(p - ll) th e reof, and to read as follows : 

40. 

(ii) Loft District. The area located within the 
boundaries set forth in this subsection is hereby declared 
to be a Historic and Architectural District, and may be 
referred to as Loft Historic and Architectural District: 

Beginning for the same at the point formed by the inter- 
section of the west side of Paca Street, as now laid out 82.5 
feet wide, and the north side of Lombard Street, as now 
laid out 66 feet wide, and running thence binding on the 
north side of said Lombard Street, Westerly 327 feet, more 
or less, to intersect the east side of Greene Street, as now 
laid out 66 feet wide; thence binding on the east side of 
said Greene Street, Northerly 185 feet, more or less, to 
intersect the line of the north outline of the property known 
as No. 32/34 S. Paca Street if projected westerly; 
thence binding in part reversely on said line so projected, 
in part on the north outline of the property known as No. 
32/34 S. Paca Street and in all, Easterly 327 feet, more or 
less, to the aforesaid west side of Paca Street and thence 
binding on the west side of said Paca Street, Southerly 
185 feet, more or less, to the place of beginning. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of passage. 

Approved May 12, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



402 ORDINANCES Ord. No. 716 

No. 716 
(Council No. 1550) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of Two Thousand Five Hun- 
dred Dollars ($2,500) to the Mayor's Advisory Committee 
on Art and Culture to be used for promoting the open- 
ing of School #33 as an Art Center, in accordance with 
the provisions of Article VI, Section 2(h)(2) of the 
Baltimore City Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation 
of the 1977-1978 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held 
on the 5th day of April, 1978, all in accordance with 
Article VI, Section 2(h) (2) of the 1964 revised Charter 
of Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of Two Thousand Five Hundred 
Dollars ($2,500) shall be made available to the Mayor's 
Advisory Committee on Art and Culture of the City of 
Baltimore as a supplementary special fund appropriation 
for the fiscal year ending June 30, 1978 for the purpose 
of promoting the opening of School #33 as an Art Center. 
The amount thus made available as a supplementary special 
fund appropriation shall be expended from a grant of 
funds to the Mayor and City Council of Baltimore by the 
Maryland Arts Council, State Department of Economic and 
Community Development, said sum being specifically al- 
lotted to the Mayor and City Council of Baltimore for the 
aforesaid purpose; and said funds from said Maryland 
Arts Council, State Department of Economic and Com- 
munity Development shall be the source of revenue for 
this supplementary special fund appropriation, as required 



ORDINANCES 403 

by Article VI, Section 2(h) of the 1964 revised Charter 
of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 12, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 717 
(Council No. 1551) 

An Ordinance providing for a supplementary special fund 
appropriation in the amount of One Thousand Dollars 
($1,000) to the Mayor's Advisory Committee on Art and 
Culture to be used for promoting the opening of School 
#33 as an Art Center, in accordance with the provisions 
of Article VI, Section 2(h)(2) of the Baltimore City 
Charter (1964 Revision). 

Whereas, the money appropriated herein represents a 
grant from a public source which could not be expected 
with reasonable certainty at the time of the formulation 
of the 1977-1978 Ordinance of Estimates; and 

Whereas, the supplementary special fund appropriation 
ordained herein has been recommended to the City Council 
by the Board of Estimates, said recommendation having 
been made at a regular meeting of said Board held 
on the 5th day of April, 1978, all in accordance with 
Article VI, Section 2(h)(2) of the 1964 revised Charter 
of Baltimore City. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That under the provisions of Article VI, 
Section 2(h)(2) of the 1964 revision of the Charter of 
Baltimore City, the sum of One Thousand Dollars ($1,000) 
shall be made available to the Mayor's Advisory Committee 
on Art and Culture of the City of Baltimore as a supple- 
mentary special fund appropriation for the fiscal year end- 



404 ORDINANCES Ord. No. 718 

ing June 30, 1978 for the purpose of promoting the opening 
of School #33 as an Art Center. The amount thus made 
available as a supplementary special fund appropriation 
shall be expended from a grant of funds to the Mayor and 
City Council of Baltimore by the Maryland Arts Council, 
State Department of Economic and Community Develop- 
ment, said sum being specifically allotted to the Mayor 
and City Council of Baltimore for the aforesaid purpose; 
and said funds from said Maryland Arts Council, State 
Department of Economic and Community Development shall 
be the source of revenue for this supplementary special 
fund appropriation, as required by Article VI, Section 2(h) 
of the 1964 revised Charter of Baltimore City. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved May 12, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 718 
(Council No. 1556) 

An Ordinance to add new Section 113 (5a) to Article 31 
of the Baltimore City Code (1976 Edition), title 'Transit 
and Traffic, subtitle "Impounding'', designating both sides 
of Mount Vernon Place between the east and west drives 
of Washington Place as an impounding area. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 113 (5a) be and it is hereby 
added to Article 30 of the Baltimore City Code (1976 Edi- 
tion), title "Transit and Traffic", subtitle "Impounding", 
to read as follows: 

141. 

(5b) Mt. Vernon Place, both sides, between the east 
and west drives of Washington Place. 



ORDINANCES 405 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect on the date of passage. 

Approved May 12, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 719 
(Council No. 1557) 

An Ordinance to add new Section 105 (1) to Article 31 of 
the Baltimore City Code (1977 Edition), title "Transit 
and Traffic", subtitle "Impounding Areas", designating 
the east side of Eutaw Street between Madison and 
Biddle Streets as an impounding area. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 105(1) be and it is hereby 
added to Article 31 of the Baltimore City Code (1977 
Edition), title "Transit and Traffic", subtitle "Impounding 
Areas", to read as follows : 

105. E Streets 

(1) Eutaw Street, east side, from Madison Street to 
Biddle Street. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved May 12, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 720 
(Council No. 1518) 

An Ordinance to add new Section 37(p - ll) 40 (HH) to Ar- 
ticle 1 of the Baltimore City Code {1M% 1976 Edition), 



406 ORDINANCES Ord. No. 720 

title "Mayor, City Council and Municipal Agencies", sub- 
title "Commission for Historic and Architectural Preser- 
vation", to follow immediately after Soction 37(p 10) 
thereof, declaring the area located within certain de- 
scribed boundaries to be the Waverly Historic and Archi- 
tectural Preservation District. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That new Section 37(p 11) 40 (HH) be and it 
is hereby added to Article 1 of the Baltimore City Code 
(4&GS 1976 Edition), title "Mayor, City Council and Mu- 
nicipal Agencies", subtitle "Commission for Historic and 
Architectural Preservation", to follow immodiatoly aftor 
Soction 37(p - 10) thoroof, and to read as follows : 

40. 

(hh) Waverly District. The area located within the 
boundaries set forth in this subsection is hereby declared 
to be a Historic and Architectural District, and may be 
referred to as Waverly Historic and Architectural District: 

Beginning for the same at the point formed by the in- 
tersection of the north side of E. 34-th Street, as now laid 
out 66 feet wide and the east side of Old York Road, as 
now laid out 50 feet wide, and running thence binding on 
the east side of said Old York Road, Northerly 18 % feet, 
more or less, to the north outline of the property known 
as No. 31+11 Old York Road; thence binding in part on the 
north outline of said property, in part on the north side 
of an alley in the rear of said property, and in all, Easterly 
1U3 feet, more or less, to the east side of said alley; 
thence binding on the east side of said alley, Southerly 5 
feet, more or less, to the north side of a 10 foot alley; 
thence binding on the north side of said 10 foot alley, 
Easterly 31 feet, more or less, to the northwest corner of 
the property known as No. 612 E. 3Uth Street; thence 
binding on the north outline of the properties known as 
No. 612 through and including 620/22 E. 3Uth Street, 
Easterly 372 feet, more or less, to the east outline of the 
property known as No. 620/22 E. 3Uth Street; thence bind- 
ing in part on the east outline of last said property, in 
part on the line of the east outline of last said property, 
if projected southerly, and in all, Southerly 153 feet, more 



ORDINANCES 407 

or less, to intersect the south side of said E. 34th Street; 
thence binding on the south side of said 34th Street, West- 
erly 104 feet, more or less, to intersect the centerline of 
Tinges Lane, as now laid out 20 feet wide; thence binding 
on the centerline of said Tinges Lane, Southerly 224 feet, 
more or less, to intersect the north side of V enable Avenue, 
as noio laid out 40 feet wide; thence binding on the north 
side of said V enable Avenue, Westerly 162 feet, more or 
less, to the west outline of the property known as No. 621 
E. 34th Street; 

thence binding on part of the west outline of last said 
property, Northerly 105 feet, more or less, to the center- 
line of a 10 foot alley, laid out in the rear of the properties 
known as Nos. 619 through and including 601 E. 34th 
Street; thence binding on the centerline of last said 10 
foot alley, Westerly 299 feet, more or less, to intersect 
the east side of said Old York Road and thence binding 
on the east side of said Old York Road, Northerly 1 73 feet, 
more or less, to the place of beginning. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of passage. 

Approved May 17, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 721 
(Council No. 1552) 

An Ordinance to repeal and reordain Ordinance 430, ap- 
proved July 25, 1977, entitled "An Ordinance providing 
for a supplementary special loan fund appropriation in 
the amount of One Hundred Nineteen Thousand Dollars 
($119,000) to the Department of Housing and Community 
Development to be used for equipment acquisition under 
the Maryland Industrial Development Financing Au- 
thority and City Ordinance 429 in accordance with the 
provisions of Article VI, Section 2(h) (3) of the Balti- 
more City Charter (1964 Revision) ", amending the sec- 



408 ORDINANCES Ord. No. 722 

ond recital appearing at lines 14 thru 17 of said 
ordinance to conform with commitment of Maryland 
Industrial Development Financing Authority. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Ordinance 430, approved July 25, 1977, 
entitled "An Ordinance providing for a supplementary 
special loan Fund appropriation in the amount of One 
Hundred Nineteen Thousand Dollars ($119,000) to the De- 
partment of Housing and Community Development to be 
used for equipment acquisition under the Maryland Indus- 
trial Development Financing Authority and City Ordinance 
429 in accordance with the provisions of Article VI, Section 
2(h)(3) of the Baltimore City Charter (1964 Revision)", 
be repealed and reordained with an amendment to the 
second recital appearing at lines 14 thru 17 thereof to 
read as follows: 

Whereas, the money appropriated herein represents the 
proceeds of an Industrial Development Loan partially guar- 
anteed by the Maryland Industrial Development Financing 
Authority; and 

Sec. 2. And be it further ordained, that this ordinance 
shall take effect on the date of its passage. 

Approved May 22, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 722 

(Council No. 1342) 

An Ordinance to waive Paragraph 2138 of Article 32 of the 
Baltimore City Code (4££S 1976 Edition), said article 
being known generally as the Building Code of Baltimore 
City, in order to permit the construction and maintenance 
of a metal pole shopping cart barrier erected not more 
than six feet from the west wall of the improvements 






ORDINANCES 409 

known as 517 South Broadway in the adjoining sidewalk 
area. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That paragraph 2138 of Article 32 of the 

Baltimore City Code (±£S£ 1976 Edition), be waived in 
order to permit the construction and maintenance of a metal 
pole shopping cart barrier erected not more than six feet 
from the west wall of the improvements known as 517 
South Broadway in the adjoining sidewalk area. 

SEC. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 7, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 723 

(Council No. 1444) 

An Ordinance to amend Sheet 46 of the Zoning Maps of 
Article 30 of the Baltimore City Code (1966 Edition), 
title "Zoning" (Ordinance No. 1051, approved April 20, 
1971), by changing the following zoning districts in 
the Johnson JOHNSTON Square Urban Renewal Project : 
from the R-8 Zoning District to the B-3-3 Zoning District, 
the properties known as 1022 through 1042 Homewood 
Avenue and 1025 through 1037 Hubbard Alley, as out- 
lined in red on the plat accompanying this Ordinance. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet 46 of the Zoning District Maps of 
Article 30 of the Baltimore City Code (1966 Edition), title 
"Zoning" (Ordinance No. 1051, approved April 20, 1971) 
be and it is hereby amended by changing from the R-8 
Zoning District to the B-3-3 Zoning District the properties 
known as 1022 through 1042 Homewood Avenue and 1025 
through 1037 Hubbard Alley as outlined in red on the plat 
accompanying this Ordinance. 



410 ORDINANCES Ord. No. 724 

Sec. 2. And be it further ordained, That upon passage 
of this Ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the Departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat and when the Mayor approves the 
Ordinance he shall sign the plat. The City Treasurer shall 
then transmit a copy of the Ordinance and one of the plats 
to the following: the Board of Municipal and Zoning Ap- 
peals, the Planning Commission, the Commissioner of the 
Department of Housing and Community Development, and 
the Zoning Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved June 7, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 724 
(Council No. 1470) 

An Ordinance to repeal and reordain with amendments Sec- 
tions 177 A(5) 145(5) and 177 B(5) 146(5) of Article 
19 of the Baltimore City Code (IMS 1976 Edition), title 
"Police Ordinances", subtitle "Special Sanitary Enforce- 
ment Officers — Citations", as ordained by Ordinanc e No, 
£££, 4&T4, an4 amended by Ordinance No. 573, 1977, and 
to repeal and reordain with amendments Section 4£P 41 
of Article 11 of the Baltimore City Code (4£SG 1976 Edi- 
tion) title "Health", subtitle "Animal Control", as 
ordained by Ordinanco £ter 70§r 1974 , providing for is- 
suance of citations and imposition of penalties for certain 
violations of the animal control law. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sections 177 A(5) 145(5) and 177 B(5) 
146(5) of Article 19 of the Baltimore City Code (43GG 1976 
Edition), title "Police Ordinances", subtitle "Special Sani- 



ORDINANCES 411 

tary Enforcement Officers — Citations", as ordainod ky Ordi - 
nanc e 5Q&, 1974, a»4 amended by Ordinance 573, 1977, be 
and they are hereby repealed and reordained with amend- 
ments to read as follows : 

177 A. 145. Issue of citation where prior legal notice is not 
required. 

4^. Violation of Soctionc 16D(j), 16E(h), 16F(b), 
16C(a), W.^W, 1 61(c), my 4$h a*** 16L(d) of the 
Animal Control Ordinanc o , Q&k TO&r approved Augu s t 23, 
1974, as amondod from time to tim e ; 

(5) VIOLATIONS OF SECTIONS 27 (J), 28(H), 
29(B), 30(A), (B), (C), (D), 32(C), (F), (G), AND 
35(D) OF THIS SUBTITLE, AS AMENDED FROM 
TIME TO TIME: 

Violations involving the use of a license tag on an 
animal for which it was not issued, or removal of 
such license tag from the collar of an animal without 
the consent of the owner [$20.00] $25.00 

Violations involving the failure to obtain a permit 
before opening any kennel, commercial animal es- 
tablishment, or animal shelter [$20.00] $25.00 

Violations involving the failure to humanely dis- 
pose of all animals owned, kept or harbored after 
revocation of permit or license $25.00 

Violations involving the failure to keep a dog 
under restraint by leash or otherwise, or confined 
within the real property limits of its owner [$25.00] $50.00 

Violations involving failure to exercise proper 
care and control over animals to prevent them from 
becoming a public nuisance [$25.00] $50.00 

Violations involving the failure to keep a female 
dog or cat in heat confined in a building or secure 
enclosure so that such female dog or cat cannot 
come into contact with a male dog or cat _ $25.00 



$50.00 



Violations involving the failure to keep every 
vicious or dangerous animal confined within a build- 



412 ORDINANCES Ord. No. 724 

ing or secure enclosure, or securely cage or muzzled 
and leashed whenever off the premises of the 
owner [$25.00] $50.00 

Violations involving the abandonment of an ani- 
mal by its owner [$25.00] $50.00 

Violations involving the failure of a motor vehicle 
operator who strikes a domestic animal to stop at 
once and render assistance and to immediately re- 
port such injury or death to the animal's owner 
and to the Baltimore City Police Department $25.00 

Violations involving the exposure of any known 
poisonous substance, except rat poison approved by 
the Commissioner of Health, so that the same shall 
be liable to be eaten by any animal $25.00 

Violations involving the failure of an owner of 
any animal who has bitten, scratched or exposed 
any person to a possible rabies infection to report 
such facts to the Commissioner of Health and the 
Baltimore City Police Department and to confine 
and to have said animal examined as the Commis- 
sioner of Health shall direct [$25.00] $50.00 

111 B; 146. Issue of citation when prior legal notice is 
required. 

4£> Viti at ion e£ Section s 16D(a), 4^h 46E(a), 161(a), 
4b4r Uh -Wr 16J(a), 4b)r 16K(a), Wt 16L(a), 4&h as4 
lCM(a> e£ the Animal Control Or d ina nc e, Ordinanc e 1Q&, 
approved August 2^ 1974 , as a m endeek- 

(5) VIOLATIONS OF SECTIONS 27(A), (E), 28(A), 
32(A), (B), (D), (E), 33(A), (B). 34(A), (B), 35(A), 
(B), AND 36(A) OF THIS SUBTITLE: 

Violations involving the failure of an owner to 
obtain a license for any dog over four (4) months 
of age [$10.00] $25.00 

Violations involving the failure of an owner to 
have an identification tag or collar on his dog when 
out of doors [$10.00] $25.00 



ORDINANCES 413 

Violations involving the failure to obtain a permit 
to operate a kennel, commercial animal establish- 
ment, veterinary hospital, animal clinic, or animal 
shelter $25.00 

Violations involving the failure of an owner to 
provide his animals with sufficient wholesome food 
and water, proper shelter and protection from the 
weather, veterinary care when needed to prevent 
suffering, and humane care and treatment, including 
sufficient exercise space $25.00 

Violations involving the actions of any person to 
beat, cruelly ill treat, torment, overload, overwork, 
or otherwise abuse any animal, or cause, instigate 
or permit any dog fight, cock fight, bull fight, or 
other combat between animals or between animals 
and humans [$25.00] $50.00 

Violations involving the sale of chickens or duck- 
lings younger than eight weeks of age in quantities 
of less than twenty-five to a single purchaser $25.00 

Violations involving the giving away of any live 
animal, fish, reptile or bird as a prize for, or as an 
inducement to enter, any contest, game, or other 
competition, or as an inducement to enter a place 
of amusement; or offer such vertebrate as an in- 
centive to enter into any business agreement where- 
by the offer was for the purpose of attracting trade $25.00 

Violations involving the possession of any wild, 
vicious or dangerous animal for display or for ex- 
hibition purposes [$20.00] $50.00 

Violations involving the failure to obtain a per- 
mit to keep any wild animal as a pet [$20.00] $50.00 

Violations involving a performing animal exhi- 
bition or circus in which animals are induced or 
encouraged to perform through the use of chemical, 
mechanical, electrical or manual devices in a manner 
which will cause, or is likely to cause, physical 
injury or suffering _ [$25.00] $50.00 



414 ORDINANCES Ord. No. 724 

Violations involving the failure of any person 
who owns or harbors a dog or cat over the age of 
four months to obtain a valid rabies vaccina- 
tion [$20.00] $50.00 

Violations involving the failure of any owner to 
remove any excreta deposited by his animal (s) on 
public walks, recreation areas or private prop- 
erty [$15.00] $50.00 

Sec. 2. And be it farther ordained, That Section 44P 
41 of Article 11 of the Baltimore City Code (4&SG 1976 Edi- 
tion), title "Health", subtitle "Animal Control", as 
ordained by Ordinanco Nor 708, 1974 , be and it is hereby 
repealed and reordained with amendments to read as 
follows : 

Sec. 44Py 41, Violation Notice, Hearing, Appeal and Pen- 
alties. 

(a) Whenever the Commissioner of Health has reason 
to believe that a provision of this ordinance has been 
violated, he may cause written notice to be served upon 
the alleged violator. Such notice shall specify the provision 
of this ordinance alleged to have been violated and the 
facts alleged to constitute a violation and shall include 
and order that corrective action be taken within a reason- 
able time considering the corrective action to be taken 
as specified by the Commissioner of Health. Any such 
order shall become final at the expiration of the notice 
unless the person named therein requests in writing a 
hearing. 

(b) Upon such request, the Commissioner of Health or 
his designated hearing officer shall hold a hearing at which 
all parties shall have the opportunity to be represented by 
legal counsel. Within fifteen (15) days following the hear- 
ing, the Commissioner of Health shall issue a written 
opinion affirming, modifying or rescinding his order pre- 
viously issued. The written opinion shall state the evidence 
upon which the decision is based and shall include a notice 
of the right of any aggrieved party to enter an appeal to 
the Baltimore City Court. 



ORDINANCES 415 

(c) If corrective action is not taken by the violator 
within the time specified in an order made pursuant to 
subsection (a) above, and an appeal is not noted, the Com- 
missioner of Health may institute in any Court of competent 
jurisdiction such legal proceedings as he may deem neces- 
sary concerning the order. 

(d) All notices of violations or other notices shall be 
served by registered or certified mail, or in person by the 
Sanitary Enforcement Officers or other employees of the 
Baltimore City Health Department. 

(e) The Commissioner of Health shall review all licenses 
issued to animal owners against whom three or more ordi- 
nance violations have been assessed in a twelve-month 
period and consideration shall be given to suspending or 
revoking such licenses. 

(f ) Any person violating any provision of this subtitle 
shall be deemed guilty of a misdemeanor and shall be 
punished by a fine of not less than Twenty-five Dollars 
($25.00) nor more than five Hundred Dollars ($500.00). 
If any violation be continuing, each day's violation shall be 
deemed a separate violation. 

(g) In addition to the provisions of subsections (a) -(f) 
of this section, any person violating Sections 16D, 16E, 

& I , <Co, J. Ua , tvtTj LvfvKv A. 01 y J. Oif ) A. Ox\.y J. J-iy Or J. O Ivl *.<7 , 3\J, 

AND 32, 33, 3J,, 35, OR 36 of this subtitle may be issued 
a citation and fined in accordance with the provisions of 
Sections 177 A and 177 B 145 AND US of Article 19 of 
the Baltimore City Code (±&S£ 1976 Edition), as amended 
from time to time. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved June 7, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



416 ORDINANCES Ord. No. 725 

No. 725 
(Council No. 1617) 

An Ordinance to repeal Ordinance 345, approved June 1, 
1973, Ordinance 371, approved June 14, 1973, Ordinance 
535, approved February 21, 1974, Ordinance 794, ap- 
proved February 10, 1975, and Ordinance 852, approved 
April 10, 1975; and to repeal and reordain, with amend- 
ments, Ordinance 138, approved July 30, 1976, concerning 
reserved parking on a portion of the south side of Wilkes 
Lane west of Calvert Street. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Ordinance 345, approved June 1, 1973, 
Ordinance 371, approved June 14, 1973, Ordinance 535, ap- 
proved February 21, 1974, Ordinance 794, approved February 
10, 1975, and Ordinance 852, approved April 10, 1975, be and 
they are hereby repealed, and that Ordinance 138, approved 
July 30, 1976, be and it is hereby repealed and reordained, 
with amendments, to read as follows : 

Wilkes Lane, southerly side, from Calvert Street to a 
point 35' west of Calvert Street — parking reserved for dis- 
abled person, Harry L. Chase. 

Wilkes Lane, southerly side, from a point £59'] 35' west 
of Calvert Street to a point 1791 59' west of Calvert Street 
— parking reserved for disabled person, Samuel A. Tucker. 

Wilkes Lane, southerly side, from a point 179'] 59' west 
of Calvert Street to a point [1751 171' west of Calvert 
Street — parking reserved for vehicles of the Public De- 
fenders Office. 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 7, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



ORDINANCES 417 

No. 726 
(Council No. 1637) 

An Ordinance authorizing and providing" for the issuance 
and sale by Mayor and City Council of Baltimore of its 
industrial development revenue bond, to be designated 
"City of Baltimore, Maryland Industrial Development 
Revenue Bond (The Mudge Paper Company Project)", 
in the principal amount of $1,000,000, pursuant to the 
provisions of Sections 266A to 266-1, inclusive, of Article 
41 of the Annotated Code of Maryland (1978 Replace- 
ment Volume), as amended, in order to loan the proceeds 
thereof to The Mudge Paper Company, a Maryland cor- 
poration, for the sole and exclusive purpose of financing 
the acquisition by The Mudge Paper Company of a cer- 
tain industrial building in the City of Baltimore, as pro- 
vided in this Ordinance; making certain legislative find- 
ings, among others, concerning the public benefit and 
purpose of such industrial development revenue bond; 
providing that such industrial development revenue bond 
(a) shall be payable solely and only from (i) revenue 
derived from payments by The Mudge Paper Company 
to Mayor and City Council of Baltimore on account of 
such loan, (ii) any and all moneys realized from the 
sale of collateral (including such industrial building) 
for such loan, and (iii) any and all moneys received 
under the guaranty agreement hereinafter mentioned, 
and (b) shall not ever constitute, within the meaning 
of any constitutional or charter provision or otherwise, 
(i) an indebtedness of Mayor and City Council of Balti- 
more or of any other political subdivision, or (ii) a 
charge against the general credit or taxing powers of 
Mayor and City Council of Baltimore; authorizing the 
private (negotiated) sale of such industrial development 
revenue bond; prescribing certain details pertaining to 
such industrial development revenue bond, including 
(without limitation) (a) the amount, date and maturity 
thereof, (b) the interest rate to be paid thereon, (c) the 
prepayment provisions relating thereto, (d) the form 
and tenor thereof, and (e) the terms and conditions 
thereof and security therefor; approving the form and 
contents, and authorizing the execution and delivery, of 



418 ORDINANCES Ord. No. 726 

various documents necessary to effectuate the aforemen- 
tioned borrowing and lending, including (a) such indus- 
trial development revenue bond, (b) the loan agreement 
between Mayor and City Council of Baltimore and The 
Mudge Paper Company evidencing the aforesaid loan, 
(c) the assignment by which Mayor and City Council of 
Baltimore assigns its rights in and to the loan agreement 
and the deed of trust referred to below as security for 
such industrial development revenue bond, and (d) the 
trust agreement between The Mudge Paper Company and 
certain individual trustees designated by the purchaser 
of such industrial development revenue bond, pursuant to 
which the proceeds of such loan are to be deposited in 
trust and held, invested and disbursed by such indi- 
vidual trustee as therein provided; describing and au- 
thorizing approval of various other documents necessary 
to secure and guarantee the aforementioned borrowing, 
including (a) the deed of trust between The Mudge 
Paper Company and certain individual trustees desig- 
nated by the purchaser of such industrial development 
revenue bond, covering such industrial building and the 
land appurtenant thereto as security for such loan, and 
(b) the guaranty agreement to be executed and delivered 
by The Mudge Paper Company, pursuant to which The 
Mudge Paper Company fully and unconditionally guar- 
antees the payment of the principal of and interest on 
such industrial development revenue bond; authorizing 
the Commissioners of Finance of the City to approve the 
final form and contents of such industrial development 
revenue bond and such other documents; and generally 
providing for and determining various matters in con- 
nection with the authorization, issuance, security, sale, 
and payment of such industrial development revenue 
bond. 

RECITALS 
Sections 266A to 266-1, inclusive, of Article 41, of the 
Annotated Code of Maryland (1978 Replacement Vol- 
ume), as amended, (the "Act") empowers all counties 
and municipalities of the State of Maryland to issue 
revenue bonds and to loan the proceeds of the sale of 
such revenue bonds to an industrial concern to finance 
the acquisition (as denned in the Act) by such industrial 



ORDINANCES 419 

concern of industrial buildings (as denned in the Act). 
The Act declares it to be the legislative purpose to re- 
lieve conditions of unemployment in the State, to en- 
courage the increase of industry and a balanced economy 
in the State, to assist in the retention of existing in- 
dustry in the State through the control, reduction or 
abatement of pollution of the environment (where pro- 
ceeds of the bonds are used for that purpose), to pro- 
mote economic development, to protect natural resources 
and in this manner to promote the health, welfare and 
safety of the residents of each of the counties and mu- 
nicipalities of the State of Maryland. 

Mayor and City Council of Baltimore (the "City") has 
determined to issue and sell its City of Baltimore, Mary- 
land Industrial Development Revenue Bond (The Mudge 
Paper Company Project), in the principal amount of 
$1,000,000 (the "Bond"), and to loan the proceeds of 
the Bond to The Mudge Paper Company, a Maryland 
corporation (the "Company"), and an industrial concern 
as mentioned in the Act, on the terms and conditions set 
forth in the Loan Agreement to be entered into by and 
between the City and the Company (the "Loan Agree- 
ment"), as provided by this Ordinance (such loan being 
herein referred to as the "Loan"), in order to finance 
the acquisition (within the meaning of the Act) by the 
Company of a certain industrial building (within the 
meaning of the Act) in the City of Baltimore (the "In- 
dustrial Building"), in order to relieve conditions of un- 
employment in the State of Maryland and in the City of 
Baltimore, and thus encourage economic development, 
and to protect the health, welfare and safety of the citi- 
zens of the State of Maryland and the City of Baltimore. 

The Bond will be sold at private (negotiated) sale to 
Mercantile-Safe Deposit and Trust Company, a Mary- 
land banking corporation (the "Bank"). 

The Company will execute and deliver to the Bank as 
agent for the holder of the Bond (hereinafter defined) 
(a) a Deed of Trust between the Company and certain 
individual trustees designated by the Bank (the "Deed 
of Trust"), conveying the Industrial Building and the 
land appurtenant thereto to such trustees as security for 
the Loan; and (b) a Guaranty Agreement pursuant to 



420 ORDINANCES Ord. No. 726 

which the Company will fully and unconditionally guar- 
antee to the Bank as agent for the holder of the Bond 
the payment of the principal of and interest on the Bond. 

In order to insure that the proceeds of the Bond (and 
the Loan) will be used for the purposes set forth in the 
Act, the Company will enter into a Trust Agreement 
with certain individual trustees designated by the Bank 
(the "Trust Agreement"), pursuant to which the pro- 
ceeds of the Loan will be deposited with such trustees 
and held, invested and disbursed by such trustees as 
therein provided. 

This Ordinance authorizes and empowers the City to 
enter into and consummate a transaction which the Com- 
pany proposed to the City, in accordance with Section 
266B(d) of the Act, by a letter of intent dated December 
29, 1977, (the "Letter of Intent") which Letter of Intent 
was accepted by the Mayor of the City on February 1, 
1978, and was approved by the Board of Estimates of 
the City on February 1, 1978, with a subsequent approval 
on April 12, 1978 (approving the substitution of the 
Bank in place of Maryland National Bank, as the pur- 
chaser of the Bond), subject to the passage of this 
Ordinance. 

NOW, THEREFORE, in accordance with the terms 
and provisions of the Act and the Charter of Mayor and 
City Council of Baltimore : 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That acting pursuant to the Act, it is hereby 
found and determined as follows : 

(1) The issuance and sale of the Bond by the City 
pursuant to the Act in order to lend the proceeds thereof 
to the Company for the sole and exclusive purpose of fi- 
nancing the acquisition (within the meaning of the Act) 
of the Industrial Building will facilitate and expedite the 
acquisition of the Industrial Building by the Company; 

(2) The acquisition of the Industrial Building by the 
Company and the financing thereof as provided in this 
Ordinance will promote the declared legislative purposes of 
the Act by (a) sustaining jobs and employment, thus re- 



ORDINANCES 421 

lieving conditions of unemployment in the State of Mary- 
land and in the City of Baltimore; (b) encouraging the 
increase of industry and a balanced economy in the State 
of Maryland and in the City of Baltimore; (c) assisting 
in the retention of existing industry in the State of Mary- 
land and in the City of Baltimore; (d) promoting economic 
development; and (e) promoting the health, welfare and 
safety of the residents of the City of Baltimore and of the 
State of Maryland. 

(3) In addition to authorizing the City itself to acquire 
the Industrial Building and either to lease or to sell the 
same to the Company, the Act as an alternative procedure, 
also authorizes industrial building financing to be accom- 
plished in the form of a loan to the Company. The loan 
form of transaction avoids indirect costs and burdens on 
the City by not requiring any direct involvement by the 
City in the acquisition, ownership or administration of the 
Industrial Building, while permitting ample controls to be 
imposed on the use of the proceeds of the Bond to insure 
that the public purposes of the Act and the Bond are fully 
accomplished. It is, therefore, in the best interests of the 
citizens of the City, to finance the acquisition of the In- 
dustrial Building by a loan to the Company. This Ordinance 
contemplates and authorizes a transaction in the form of a 
loan of the proceeds of the Bond by the City to the Com- 
pany, rather than a transaction in the form of a lease or 
sale of the Industrial Building. Accordingly, this Ordinance, 
together with the Loan Agreement described in Section 11 
hereof, contains such provisions as the City deems appro- 
priate to effect the financing of the acquisition by the 
Company of the Industrial Building by the loan form of 
transaction. 

(4) Neither the Bond, nor the interest thereon, will 
constitute (a) a general obligation of the City, or (b) a 
charge against, or pledge of the general credit or taxing 
powers of the City, or (c) a debt of the City, all within 
the meaning of Section 7 of Article XI of the Constitution 
of Maryland or any other constitutional, statutory or char- 
ter provision or limitation, and neither shall ever consti- 
tute or give rise to any pecuniary liability on the part of 
the City. The principal of and interest on the Bond shall 
be payable from, and secured by, (a) an assignment of (i) 



422 ORDINANCES Ord. No. 726 

the revenues realized, and the collateral pledged, under the 
Loan Agreement, (ii) the City's right, title and interest 
in and to, and remedies under, the Deed of Trust, and (iii) 
any and all moneys received under the Guaranty Agree- 
ment. The principal amount of the Loan and the repay- 
ments to be made by the Company pursuant to the Loan 
Agreement authorized hereby will be paid directly to the 
Bank to be held and disbursed by the Bank as agent for 
the holder of the Bond as provided in this Ordinance. No 
such moneys will be commingled with the City's funds or 
will be subject to the absolute control of the City, but only 
to such limited supervision and checks as are deemed 
necessary or desirable by the City to insure that the pro- 
ceeds of the Bond are used to accomplish the public pur- 
poses of the Act and this Ordinance. The transactions au- 
thorized hereby do not constitute the acquisition of prop- 
erty for public use or the purchase of equipment for public 
use. The public purposes expressed in the Act are to be 
achieved by facilitating the acquisition of the Industrial 
Building by the Company. 

(5) The City will acquire no interest in the Industrial 
Building other than the interest granted under the Deed 
of Trust and the Loan Agreement and any general interest 
in the Company's property shared by all holders of the 
Company's obligations which rank and are secured equally 
with the Company's obligation pursuant to the Loan Agree- 
ment. The security for the Bond shall be solely and ex- 
clusively (a) the absolute, irrevocable and unconditional 
obligation of the Company to make the payments required 
by the Loan Agreement, (b) moneys realized from any and 
all collateral (including the Industrial Building) pledged 
as security for the Loan, and (c) the full and unconditional 
guaranty by the Company of the payment of the principal 
of and interest on the Bond. 

(6) None of the receipts and revenues of the City from 
the Loan Agreement shall be set aside as a depreciation 
account (mentioned in the Act), since neither the City nor 
the Bank desire, or are creating, any interest in the In- 
dustrial Building (other than the interest created under 
the Deed of Trust and the Loan Agreement and any in- 
terest shared by all holders of the Company's obligations 
ranking on a parity with the Company's obligation pursuant 



ORDINANCES 423 

to the Loan Agreement) . Such a depreciation account would 
(i) be inconsistent with the transaction authorized hereby, 
and (ii) place an unreasonable burden on the Company so 
as to adversely affect the feasibility of the transaction 
and thus frustrate the legislative purposes of the Act. 

(7) The best interests of the City will be served by sell- 
ing the Bond to the Bank at private (negotiated) sale, as 
authorized by the Act, upon terms and conditions approved 
by the City as set forth in this ordinance. 

Sec. 2. Be it further ordained, That the following terms 
shall have the following meanings for all purposes of this 
Ordinance, unless the context clearly otherwise requires: 

"Acquisition" or "acquisition" means, when used in re- 
gard to the Industrial Building, the acquisition of the In- 
dustrial Building as such meaning is intended in the Act, 
and shall include, where applicable, and without limitation, 
the purchase, construction, rehabilitation, remodeling, ex- 
tension, equipping and permanent improvement of the In- 
dustrial Building. 

"Act" means Chapter 352 enacted by the 1972 Session 
of the General Assembly of Maryland, as amended, being 
Sections 266A to 266-1, inclusive, of Article 41 of the An- 
notated Code of Maryland (1978 Replacement Volume), as 
amended. 

"Assignment" means the Assignment by which the City 
assigns to the Bank as agent for the holder of the Bond all 
of its right, title and interest in and to, and remedies under, 
the Loan Agreement and moneys due and to become due 
thereunder, and all collateral pledged thereunder, and all 
of its right, title and interest in and to, and remedies under, 
the Deed of Trust, all as set forth therein, which Assign- 
ment shall be substantially in the form set forth in Section 
12 of this Ordinance. 

"Bank" means Mercantile-Safe Deposit and Trust Com- 
pany, a Maryland banking corporation, its successors and, 
except for a subsequent purchaser of the Bond, its assigns. 

"Bank as agent for the holder of the Bond" means the 
Bank acting in its fiduciary capacity as agent for the holder 



424 ORDINANCES Ord. No. 726 

of the Bond, performing the functions described in this 
Ordinance and in the Assignment. 

"Bond" means the City's City of Baltimore, Maryland 
Industrial Development Revenue Bond (The Mudge Paper 
Company Project) in the principal amount of $1,000,000 
to be issued and sold pursuant to this Ordinance without 
pecuniary liability on the part of the City as therein set 
forth, which Bond shall be substantially in the form set 
forth in Section 3 of this Ordinance. In the event the Bond 
is at any time exchanged for serial bonds as set forth in 
Section 9 of this Ordinance, then, and in that event, the 
term "Bond" shall mean such serial bonds. 

"City" means Mayor and City Council of Baltimore, a 
body politic and corporate and a political subdivision of 
the State of Maryland, its successors and assigns. 

"Company" means The Mudge Paper Company, a Mary- 
land corporation, its successors and permitted assigns. 

"Deed of Trust" means the first lien Deed of Trust to be 
dated as of the date of delivery of the Bond, between the 
Company and certain individual trustees designated by the 
Bank, covering the Industrial Building (including the land 
appurtenant thereto) as security for the Loan, which Deed 
of Trust shall be in a form and contain such provisions as 
the Mayor COMMISSIONERS OF FINANCE of the City 
shall approve, as set forth in Section 14 of this Ordinance. 

"Guaranty Agreement" means the Guaranty Agreement 
to be dated as of the date of delivery of the Bond, to be 
executed and delivered to the Bank by the Company where- 
by the Company fully and unconditionally guarantees to 
the Bank as agent for the holder of the Bond the payment 
of the principal of and interest on the Bond. The Guaranty 
Agreement shall be in such form and contain such provi- 
sions as the Mayor COMMISSIONERS OF FINANCE of 
the City shall approve, as set forth in Section 15 of this 
Ordinance. 

"Holder of the Bond" or "holder of the Bond" means the 
registered owner of the Bond, which may be the Bank. 

"Industrial Building" means the Industrial Building more 
particularly described in Exhibit A attached to, and made 



ORDINANCES 425 

a part of, the Loan Agreement, and is intended to have the 
meaning ascribed to the term "industrial buildings" in the 
Act, and shall also include the land appurtenant to such 
Industrial Building. 

"Loan" means the Loan in the principal amount of 
$1,000,000 made by the City to the Company and evidenced 
by and described in the Loan Agreement. 

"Loan Agreement" means the Loan Agreement evidenc- 
ing and securing the Loan, to be executed by the City and 
the Company and to be dated as of the date of delivery of 
the Bond. The Loan Agreement shall be substantially in the 
form set forth in Section 11 of this Ordinance. 

"Ordinance" means this Ordinance. 

"Trust Agreement" means the Trust Agreement to be 
dated as of the date of delivery of the Bond, between the 
Company and certain individual trustees designated by the 
Bank, pursuant to which the proceeds of the Loan are to be 
deposited in trust with the Trustees (hereinafter denned), 
and held, invested and disbursed by the Trustees as therein 
provided. The Trust Agreement shall be substantially in 
the form set forth in Section 13 of this Ordinance. 

"Trustees" means the individual trustees designated by 
the Bank and acting as Trustees under the Trust Agree- 
ment, or their successors in trust who may be acting under 
and pursuant to the Trust Agreement from time to time. 

Sec. 3. Be it further ordained. That, subject to the pro- 
visions of this Ordinance, the City is authorized and em- 
powered, pursuant to the Act, to issue and sell its City of 
Baltimore, Maryland Industrial Development Revenue Bond 
(The Mudge Paper Company Project) in the principal 
amount of $1,000,000, such Bond to be solely and exclu- 
sively payable from the revenue derived by the City from 
payments on the Loan by the Company, and secured by the 
Assignment and the Guaranty Agreement, as provided 
herein and therein. The Bond shall be designated "City of 
Baltimore, Maryland Industrial Development Revenue Bond 
(The Mudge Paper Company Project)", and shall be dated 
as of June 1, 1978. 

The Bond shall bear interest on the unpaid principal 
amount thereof, commencing on the date of its delivery, 



426 ORDINANCES Ord. No. 726 

at the rate of 6Vfe% per annum (calculated on the basis of 
a 360-day year factor applied to actual days elapsed) ; pro- 
vided, however, that during any period in which the interest 
payable on the Bond is includible in the gross income (as 
denned in Section 61 of the Internal Revenue Code of 1954, 
as amended) of the holder of the Bond, the rate of interest 
payable on the unpaid principal amount of the Bond shall 
be increased to the rate of 10%% per annum (calculated 
on the basis of a 360-day year factor applied to actual 
days elapsed). 

The principal of and interest on the Bond shall be pay- 
able in lawful money of the United States of America at 
the time of payment as follows : 

(a) interest on the outstanding principal balance shall 
be due and payable semi-annually on the first days of Jan- 
uary and July in each year, commencing on January 1, 
1979, continuing to and including July 1, 1994, or until the 
principal amount shall have been paid in full ; 

(b) commencing on July 1, 1979, continuing to and in- 
cluding July 1, 1994, the principal amount shall be paid in 
31 equal, consecutive semi-annual installments of $32,258.06 
each, payable on the first days of January and July in 
each year; 

(c) the Bond will mature, and the entire unpaid bal- 
ance of the principal thereof and all accrued and unpaid 
interest thereon shall be due and payable on July 1, 1994; 
and 

(d) all payments received shall be applied first to in- 
terest and the balance to principal. 

The Bond, which may be printed or typewritten, shall be 
substantially in the following form, and the form, with 
such changes therein (including the prepayment record to 
be attached) as the Commissioners of Finance of the City 
shall approve, and all of the covenants and conditions 
therein contained, is hereby adopted by the City as and for 
the form and tenor of the obligation to be incurred by it, 
and such covenants and conditions, including the promise 
to pay therein contained, are hereby made binding upon 
the City. 



ORDINANCES 427 

FORM OF BOND 
$1,000,000 June 1, 1978 

UNITED STATES OF AMERICA 

STATE OF MARYLAND 

CITY OF BALTIMORE, MARYLAND 

INDUSTRIAL DEVELOPMENT REVENUE BOND 

(THE MUDGE PAPER COMPANY PROJECT) 

FOR VALUE RECEIVED, Mayor and City Council of 
Baltimore, a body politic and corporate and a political sub- 
division of the State of Maryland (the "City"), hereby 
promises to pay, solely from the special fund provided 
therefor as below set forth, to Mercantile-Safe Deposit 
and Trust Company or its successor (the "Bank"), or its 
registered assigns, the principal sum of ONE MILLION 
DOLLARS, with interest on the unpaid principal amount 
hereof from , 1978, at the rate of 6%% per 

annum (calculated on the basis of a 360-day year factor 
applied to actual days elapsed) ; provided, however, that 
during any period in which the interest payable on the 
Bond is includible in the gross income (as defined in Section 
61 of the Internal Revenue Code of 1954, as amended) of 
the holder of the Bond, the rate of interest payable on the 
unpaid principal amount hereof shall be at the rate of 
10%% per annum (calculated on the basis of a 360-day 
year factor applied to actual days elapsed). 

The principal hereof and interest hereon shall be paid 
in lawful money of the United States of America at the 
time of payment as follows : 

(a) interest on the outstanding principal balance shall 
be due and payable semi-annually on the first days of Jan- 
uary and July in each year, commencing on January 1, 
1979, continuing to and including July 1, 1994, or until the 
principal amount shall have been paid in full ; 

(b) commencing on July 1, 1979, continuing to and 
including July 1, 1994 the principal amount shall be paid in 
31 equal, consecutive semi-annual installments of $32,258.06 
each, payable on the first days of January and July in 
each year; 

(c) this Bond will mature, and the entire unpaid bal- 
ance of the principal hereof and all accrued and unpaid 



428 ORDINANCES Ord. No. 726 

interest hereon shall be due and payable on July 1, 1994; 
and 

(d) all payments received shall be applied first to in- 
terest and the balance to principal. 

This Bond is issued pursuant to the authority of Sections 
266A to 266-1, inclusive, of Article 41 of the Annotated 
Code of Maryland (1978 Replacement Volume), as amended 
(the "Act"), and pursuant to and under the authority of 
an Ordinance of the City, approved by the Mayer of the 
City on , 1978 (the "Ordinance"). Reference 

is hereby made to the Ordinance for the provisions, among 
others, with respect to (a) the nature and extent of the 
security for this Bond, (b) the rights, duties and obliga- 
tions of the City and the Bank (both in its individual cor- 
porate capacity and as agent for the holder of this Bond), 

(c) the terms upon which this Bond is issued and secured, 

(d) the modification or amendment of any of the foregoing 
or of the Loan Agreement (hereinafter defined), and (e) 
the obligation of the holder hereof to indemnify the Bank 
under certain circumstances; and, by the acceptance of 
this Bond, the holder hereof assents to all of the provi- 
sions of the Ordinance and agrees to be bound thereby. 

This Bond is issued for the purpose of financing, in whole 
or in part, the cost of the acquisition (as defined in the 
Act) by The Mudge Paper Company, a Maryland corpora- 
tion (the "Company") of a certain industrial building (as 
defined in the Act) in the City of Baltimore (the "Indus- 
trial Building") and paying expenses incidental thereto so 
as to help relieve conditions of unemployment, to encourage 
the increase of industry, and to help achieve a balanced 
economy in the State of Maryland and in the City of 
Baltimore. 

This Bond is a limited obligation of the City, and the 
principal hereof and interest hereon are payable solely 
from (i) the moneys to be derived by the City under a 
Loan Agreement dated , 1978, between the City 

and the Company (the "Loan Agreement"), and the col- 
lateral pledged thereunder, pursuant to which the proceeds 
of the issuance and sale hereof are being loaned by the 
City to the Company for the purpose of providing the 
aforesaid financing, (ii) any and all moneys realized from 



ORDINANCES 429 

the sale of collateral (including the Industrial Building) 
pledged as security for such loan, (iii) any and all moneys 
received under the Guaranty Agreement dated , 

1978, between the Company and the Bank, and (iv) moneys 
derived from all other security referred to in the Ordinance. 
Neither this Bond nor the interest payable hereon shall 
ever constitute an indebtedness or a charge against the 
general credit or taxing powers of the City within the 
meaning of any constitutional provision or statutory or 
charter limitation, and neither shall ever constitute or give 
rise to any pecuniary liability of the City. 

Pursuant to the Loan Agreement, payments sufficient for 
the prompt payment when due of the principal of and 
interest on this Bond are to be paid by the Company di- 
rectly to the Bank, to be held by the Bank as agent for the 
holder of this Bond, in a separate and special fund created 
by Section 4 of the Ordinance, to be used by the Bank as 
agent for the holder of the Bond, for the payment of the 
principal of and interest on this Bond. 

The City may under certain circumstances prescribed in 
Section 7 of the Ordinance be required to pay (but only 
out of amounts made available to the City by the Company 
or others for such purposes) all or part of the principal of 
this Bond (plus accrued and unpaid interest) before ma- 
turity upon the terms provided in Section 7 of the Ordi- 
nance. In the event of partial prepayment, the holder 
hereof shall surrender this Bond to the Bond Registrar 
(hereinafter referred to), for notation hereon that this 
Bond, to the extent of the amount prepaid, has been par- 
tially prepaid. In the event of a partial prepayment of this 
Bond, the sum applied to the prepayment shall be applied 
to the prepayment of the semi-annual installments hereof 
in the inverse order of their payment dates, except for 
certain prepayments which, pursuant to Section 7 of the 
Ordinance, shall be applied to the pro rata payment of all 
remaining semi-annual installments so that each remaining 
semi-annual installment hereof shall be reduced by an 
amount equal to the amount of such prepayment divided 
by the number of then remaining semi-annual installments 
hereof. Reference is hereby made to Section 7 of the Ordi- 
nance for the provisions relating to the prepayment of this 
Bond, and, by the acceptance of this Bond, the holder 



430 ORDINANCES Ord. No. 726 

hereof assents to such prepayment provisions and agrees to 
be bound thereby. 

Notice of any such prepayment shall be given at least 
two (2) banking days prior to the prepayment date by 
mailing and telegraphing to the registered owner of this 
Bond a notice fixing such prepayment date, the amount of 
principal to be prepaid, the interest to be paid through the 
prepayment date and the amount of any premium or addi- 
tional interest payable on the prepayment date. The notice 
required herein to be given may be waived by the registered 
owner of this Bond. 

All payments hereunder shall be made in immediately 
available funds at the office of Mercantile-Safe Deposit 
and Trust Company, 2 Hopkins Plaza, Baltimore, Mary- 
land 21201. If any principal or interest payable hereon 
falls due on any day other than a banking day at the Bank, 
then such payment date shall be extended to the next 
succeeding full banking day. 

In the event any installment of principal or payment of 
interest, or both, as hereinabove provided is not paid when 
due and payable, such installment of principal or payment 
of interest, or both, shall bear interest (which shall com- 
mence to accrue on the 7th day following the day on which 
such installment or payment was due and payable) at the 
rate of eleven per centum (11%) per annum until paid. 

This Bond shall be registered as to both principal and 
interest. The Treasurer of the City shall serve as Bond 
Registrar, and he shall keep at his principal office, for so 
long as this Bond remains outstanding, books for the regis- 
tration and transfer hereof. When used herein, the term 
"holder of this Bond" shall mean the registered owner from 
time to time of this Bond, and the initial holder of this 
Bond shall be the Bank. 

This Bond shall be transferable only upon the books 
maintained by the Bond Registrar by the registered owner 
hereof in person or by his attorney duly authorized in 
writing, upon surrender hereof together with a written 
instrument of transfer satisfactory to the Bond Registrar 
duly executed by the registered owner or his duly au- 
thorized attorney. This Bond is a "security" within the 



ORDINANCES 431 

meaning- of Title 8 of the Maryland Uniform Commercial 
Code, and notwithstanding the provisions herein contained 
for registration, is and shall remain, negotiable. The laws 
of the State of Maryland shall govern the construction of 
this Bond. 

The City, the Bank as agent for the holder of the Bond, 
and the Bond Registrar may deem and treat the person in 
whose name this Bond shall be registered as the absolute 
owner hereof, whether this Bond shall be overdue or not, 
for the purpose of receiving payment of, or on account of, 
the principal of and interest hereon and for all purposes, 
and all such payments so made to such registered owner 
or upon his order shall be valid and effectual to satisfy and 
discharge the liability upon this Bond to the extent of the 
sum or sums so paid, and neither the City nor the Bank 
nor the Bond Registrar shall be affected by any notice to 
the contrary. 

Within 60 days after receipt of a written request from 
the holder of this Bond (or within such longer period as 
may be reasonably required for the authorization, issuance 
and preparation of bonds) the City will take action neces- 
sary to cause serial bonds to be duly authorized and issued, 
to the extent permitted by applicable laws, in order that 
this Bond may be exchanged for a series of serial bonds. 
Any serial bonds so authorized and issued shall be sub- 
stantially in the same form as this Bond, with only such 
changes in amounts, dates and other details as may be 
necessary. All such serial bonds shall (a) bear interest at 
the same rate, and (b) be ratably and equally secured by, 
and entitled to the benefits of, the Ordinance and the se- 
curity for the repayment of this Bond provided for therein. 
Any expenses incurred by the City in authorizing and 
issuing any such serial bonds shall be paid by the Company. 

IT IS HEREBY CERTIFIED, RECITED AND DE- 
CLARED that all conditions, acts and things required by 
the Constitution and laws of the State of Maryland and the 
Charter of Mayor and City Council of Baltimore, to exist, 
to have happened and to have been performed precedent to 
and in the execution and delivery of this Bond exist, have 
happened, and have been performed, and that the issuance 
of this Bond, together with all other obligations of the 



432 ORDINANCES Ord. No. 726 

City, does not exceed or violate any constitutional or statu- 
tory debt limitations. 

IN WITNESS WHEREOF, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, has caused this Bond to be signed 
by its Mayor by his manual signature, and has also caused 
its corporate seal to be hereunto affixed and attested by 
the manual signature of its Deputy Treasurer all as of the 
1st day of June, 1978. 



ATTEST 



MAYOR AND 

CITY COUNCIL OF BALTIMORE 



- By _ 

Deputy Treasurer Mayor 

[CITY SEAL] 



Sec. 4. Be it further ordained, That in consideration of 
the purchase and acceptance of the Bond by those who 
shall hold the same from time to time, (i) this Ordinance 
shall be deemed to be and shall constitute a contract be- 
tween the City and the holder from time to time of the 
Bond; (ii) the pledge made herein and the covenants to be 
performed by or on behalf of the City shall be for the 
benefit, protection and security of the holder of the Bond; 
(iii) the City does hereby, and by execution of the Assign- 
ment hereinafter approved, set aside and pledge the income 
and revenue of the Loan Agreement (other than payments 
to be made to the City pursuant to Sections 10.4, 12.2 and 
12.9 of the Loan Agreement and the fourth literary para- 
graph of Section 5.3 of the Loan Agreement) to the Bank 
as agent for the holder of the Bond to be held by the Bank 
as agent for the holder of the Bond in a separate and spe- 
cial fund to be used and applied for the payment of the 
principal of and interest on the Bond, and for the per- 
formance of any other obligations of the City under this 
Ordinance; and (iv) the pledge herein made is valid and 
binding from the time when the Bond is issued, and the 
lien of such pledge shall be valid and binding as against 
all parties having claims of any kind in tort, contract or 
otherwise against the City, irrespective of whether such 
parties shall have notice thereof. 



ORDINANCES 433 

Sec. 5. Be it further ordained, That simultaneously with 
the issuance and sale of the Bond, the City will, pursuant 
to the terms of the Loan Agreement and the Act, lend the 
proceeds of the issuance and sale thereof to the Company 
to be applied to the acquisition of the Industrial Building 
in accordance with the provisions of Section 4.3 of the 
Loan Agreement. 

The proceeds of the Bond shall be advanced to the Com- 
pany as provided in the Loan Agreement, and, in order to 
insure that such proceeds will be used for the purposes 
set forth in the Act, the Company shall deposit such pro- 
ceeds with the Trustees under the Trust Agreement, who 
will hold, invest and disburse such proceeds as provided 
therein and in Sections 4.3 through 4.6 of the Loan 
Agreement. 

Sec. 6. Be it further ordained. That the City covenants 
that it will promptly pay the principal of and interest on 
the Bond, and premium, if any, at the place, on the dates 
and in the manner provided in this Ordinance and in the 
Bond according to their true intent and meaning; pro- 
vided that the Bond, together with the interest thereon, 
shall be the limited obligation of the City payable solely 
from the moneys derived from (a) the Loan Agreement 
and the sale of any collateral pledged thereunder and under 
the Deed of Trust, (b) the Guaranty Agreement and (c) 
all other security referred to in this Ordinance, and shall 
be a valid claim of the holder thereof only against such 
moneys, which moneys shall be used for no other purpose 
than to pay the principal of and interest on the Bond 
(except as may be otherwise expressly authorized in this 
Ordinance). Neither the Bond nor the interest payable 
thereon shall ever constitute an indebtedness or a charge 
against the general credit or taxing powers of the City 
within the meaning of any constitutional or charter pro- 
vision or statutory limitation and neither shall ever consti- 
tute or give rise to any pecuniary liability of the City. 

Sec. 7. Be it further ordained, That the Bond shall be 
subject to prepayment by the City (but only from moneys 
received by it from the Company or others) prior to its 
expressed maturity as follows : 



434 ORDINANCES Ord. No. 726 

(a) The Bond shall be prepaid, on any interest pay- 
ment date, either as a whole at any time, or in part from 
time to time in an amount not less than $50,000 (and in 
multiples of $5,000), upon the exercise by the Company of 
its option to prepay the amounts due under the Loan Agree- 
ment as provided in Section 11.1 of the Loan Agreement, 
at a prepayment price of the principal amount to be pre- 
paid, together with unpaid interest thereon accrued to the 
date fixed for prepayment, without payment of premium or 
penalty. 

(b) The Bond shall be prepaid, as a whole but not in 
part, upon the occurrence of an event which under Section 
11.2 of the Loan Agreement obligates the Company to pre- 
pay amounts due under the Loan Agreement. Section 11.2 
of the Loan Agreement provides that the Company shall 
be obligated to prepay amounts due under the Loan Agree- 
ment in the event that (i) as a result of federal, state or 
local constitutional, legislative, administrative or judicial 
action the Loan Agreement shall have become void, unen- 
forceable or impossible of performance; or (ii) the Com- 
pany, or its permitted successors or assigns, shall, for any 
reason whatsoever, discontinue the use and occupancy of 
the Industrial Building, or any part thereof, for its in- 
tended purposes. If the Bond is prepaid pursuant to this 
Section 7(b), the prepayment price shall be equal to the 
outstanding principal amount of the Bond together with 
unpaid interest on the Bond accrued to the date fixed 
for prepayment. 

(c) The Bond shall be prepaid in part in the event that 
any of the proceeds of the Loan remains on deposit with 
the Trustees after completion of the acquisition of the In- 
dustrial Building as set forth in Section 4.3 of the Loan 
Agreement and in the Trust Agreement, and any such pre- 
payment may be made at any time and in any amount, 
without premium or penalty and shall be applied to the 
prepayment of the then remaining installments of principal 
of the Bond proratably so that each remaining installment 
of principal shall be reduced by an amount equal to the 
amount of such prepayment divided by the number of 
then remaining installments of principal of the Bond. 

(d) The Bond shall be prepaid, as a whole but not in 
part, upon any occurrence under the Loan Agreement, which 



ORDINANCES 435 

gives the City, the Bank as agent for the holder of the 
Bond or the holder of the Bond the option to accelerate the 
maturity of the amounts payable under the Loan Agree- 
ment, at a prepayment price equal to the outstanding prin- 
cipal amount thereof together with unpaid interest accrued 
to the date of prepayment. 

The City shall prepay the outstanding principal amount 
of the Bond (or a portion thereof in the event of partial 
prepayment), the interest thereon accrued and unpaid to 
the prepayment date, and the premium, if any, imme- 
diately, and only, upon receipt by the City of any sums 
payable by the Company under the Loan Agreement as a 
result of the occurrence of any event set forth in (a) , (b) , 
(c) or (d) above; and the City hereby covenants to apply 
all sums so received by it for such purpose to the prepay- 
ment of the Bond. In the event such sums are not 
sufficient to provide for the prepayment of the entire out- 
standing principal amount of the Bond, such sums shall be 
applied to the prepayment of the installments of principal 
of the Bond in the inverse order of the semi-annual install- 
ment payment dates (except as set forth in (c) above). 

In the event of a partial prepayment, the holder of the 
Bond shall surrender the Bond to the Bond Registrar 
(hereinafter referred to) for notation thereon that the 
Bond, to the extent of the amount prepaid, has been par- 
tially prepaid. 

Notice of any prepayment shall be given at least two (2) 
banking days prior to the prepayment date by mailing or 
telegraphing to the registered owner of the Bond a notice 
stating the prepayment date, the amount of principal to 
be prepaid, the interest to be paid through the prepayment 
date and the amount of any premium or additional interest 
payable on the prepayment date. The notice may be waived 
by the registered owner of the Bond. 

Sec. 8. Be it further ordained, That payment of the Bond 
and the interest thereon shall be made to the registered 
owner thereof by the Bank as agent for the holder of the 
Bond. All payments of principal, interest and other charges 
required by this Ordinance or the Bond shall be made at 
the office of the Bank, 2 Hopkins Plaza, Baltimore, Mary- 



436 ORDINANCES Ord. No. 726 

land 21201, in lawful money of the United States of Amer- 
ica, in immediately available funds. Interest on the Bond 
shall be calculated on the basis of a 360-day year factor 
to be applied to actual days elapsed. If any principal or 
interest payment on the Bond falls due on a Saturday, 
Sunday or public holiday at the place of payment thereof, 
then such date shall be extended to the next succeeding 
full banking day at such place. 

When the principal of and interest on the Bond shall 
have been fully paid, the Bond shall forthwith be sur- 
rendered to the Bond Registrar for cancellation. 

Sec. 9. Be it further ordained, That the Bond shall be 
registered as to both principal and interest. The Treasurer 
of the City shall serve as Bond Registrar, and he shall keep 
at his principal office, for so long as the Bond remains 
outstanding, books for the registration and transfer of the 
Bond. 

The Bond shall be transferable only upon the books main- 
tained by the Bond Registrar by the registered owner 
thereof in person or by his attorney duly authorized in 
writing, upon surrender thereof together with a written in- 
strument of transfer satisfactory to the Bond Registrar 
duly executed by the registered owner or his duly au- 
thorized attorney. 

The City, the Bank as agent for the holder of the Bond 
and the Bond Registrar may deem and treat the person in 
whose name the Bond shall be registered as the absolute 
owner of the Bond, whether the Bond shall be overdue or 
not, for the purpose of receiving payment of, or on account 
of, the principal of and interest on the Bond and for all 
other purposes, and all such payments so made to such 
registered owner or upon his order shall be valid and 
effectual to satisfy and discharge the liability upon the 
Bond to the extent of the sum or sums so paid, and neither 
the City nor the Bank nor the Bond Registrar shall be 
affected by any notice to the contrary. 

Within 60 days after receipt of a written request from 
the holder of the Bond (or within such longer period as 
may be reasonably required for the authorization, issuance 



ORDINANCES 437 

and preparation of such bonds) the City will take action 
necessary to cause serial bonds to be duly authorized and 
issued, to the extent permitted by applicable laws, in order 
that the Bond may be exchanged for a series of serial 
bonds. Any serial bonds so authorized and issued shall be 
substantially in the same form as the Bond (as set forth 
in Section 3 of this Ordinance), with only such changes in 
amounts, dates and other details as may be necessary. All 
such serial bonds shall (a) bear interest at the same rate, 
and (b) be ratably and equally secured by, and entitled 
to the benefits of, this Ordinance, and the security for the 
repayment of the Bond provided for herein. Any expenses 
incurred by the City in authorizing and issuing any such 
serial bonds shall be paid by the Company. The term 
"Bond" as used in this Ordinance shall be deemed to include 
any serial bonds so authorized and issued. 

Sec. 10. Be it further ordained, That the payments re- 
quired to be made by the Company, as set forth in Section 
5.3 of the Loan Agreement (other than payments due to 
the City under the fourth literary paragraph of such Section 
5.3), shall be paid, as set forth in the Assignment, directly 
to the Bank as agent for the holder of the Bond at its offices 
at 2 Hopkins Plaza, Baltimore, Maryland 21201, and held 
by the Bank as agent for the holder of the Bond in the 
separate special fund referred to in Section 4 (iii) hereof 
in trust for the holder of the Bond, and such sums shall 
be withdrawn and applied to the payment of the principal 
of and interest on the Bond as the same become due. 

Sec. 11. Be it further ordained, That the Loan Agree- 
ment by and between the City and the Company, pursuant 
to which the City will lend $1,000,000 to the Company for 
the purpose of financing the acquisition by the Company of 
the Industrial Building, shall be substantially in the follow- 
ing form, and the form and all of the covenants and con- 
ditions therein contained, with such changes therein as the 
Commissioners of Finance of the City shall approve, is 
hereby adopted by the City as and for the form and tenor 
of the obligation to be incurred, and such covenants and 
conditions are hereby made binding upon the City. 



438 ORDINANCES Ord. No. 726 

FORM OF LOAN AGREEMENT 
LOAN AGREEMENT 

THIS LOAN AGREEMENT, made as of the day 

of , 1978, between MAYOR AND CITY COUNCIL 

OF BALTIMORE, a body politic and corporate and a po- 
litical subdivision of the State of Maryland, (hereinafter 
called the "City"), and THE MUDGE PAPER COMPANY, 
a corporation organized and existing- under the laws of the 
State of Maryland (hereinafter called the "Company"). 

WITNESSETH: 

WHEREAS, Chapter 352 of the 1972 Session of the 
General Assembly of Maryland, as amended, being Sections 
266A to 266-1, inclusive, of Article 41 of the Annotated 
Code of Maryland (1978 Replacement Volume), as amended 
(hereinafter called the "Act"), makes legislative findings 
that conditions of unemployment exist in many areas of 
the State of Maryland; the development of new commer- 
cial, industrial and manufacturing plants are essential to 
relieve this unemployment and to establish a balanced 
economy within the State of Maryland; and the present 
and prospective health, happiness, safety, right of gainful 
employment, and general welfare of the citizens of each 
of the counties and municipalities of the State of Maryland 
will be promoted by the establishment of industrial build- 
ings; and 

WHEREAS, the Act authorizes the municipalities and 
counties of the State of Maryland to issue revenue bonds 
for the purpose of providing funds to pay all or any part 
of the cost of the acquisition (as that term is defined in 
the Act) of industrial buildings (as that term is defined in 
the Act), and to lend any such funds to an industrial con- 
cern, for such purposes as shall effectuate the purposes of 
the Act, under a loan agreement which may provide that 
the industrial buildings shall become the property of the 
industrial concern upon the acquisition thereof and may 
contain such other terms and conditions consistent with 
the Act as shall be agreed upon ; and 

WHEREAS, the Company has requested the City to pro- 
vide financing for the acquisition of the Industrial Build- 



ORDINANCES 439 

ing (hereinafter defined) to be located within the City of 
Baltimore; and 

WHEREAS, the Company has represented to the City 
that the Industrial Building is suitable for and will be 
used for purposes permitted for industrial buildings (as the 
term is defined in the Act) ; and 

WHEREAS, the City has agreed, upon the terms and 
conditions hereinafter in this Loan Agreement set forth, 
to lend funds to the Company to be used for the purposes 
of paying the cost of the acquisition of the Industrial 
Building and to raise such funds by the issuance and sale 
of its industrial development revenue bond pursuant to the 
Ordinance (hereinafter defined) ; and 

WHEREAS, the industrial development revenue bond 
issued under the Ordinance will be secured by (a) an as- 
signment of the City's interest in (i) this Loan Agree- 
ment, including the revenues and receipts derived, and the 
collateral pledged, hereunder, which have been pledged 
under the Ordinance to the Bank (hereinafter defined), as 
agent for the holder of the industrial development revenue 
bond, and (ii) the Deed of Trust (hereinafter defined) ; 
and (b) by the Guaranty Agreement (hereinafter defined). 

NOW, THEREFORE, in consideration of the representa- 
tions, warranties, covenants, terms and agreements herein 
contained and other good and valuable consideration, the 
receipt and sufficiency of which are hereby acknowledged, 
the parties hereto agree as follows; provided, that in the 
performance of the agreements of the City herein con- 
tained, any obligation it may incur for the payment of 
money shall not create a pecuniary liability or a charge 
upon its general credit or against its taxing powers but 
shall be payable solely out of the proceeds derived from 
this Loan Agreement and the sale of the Bond referred to 
in Section 4.2 hereof: 

ARTICLE I. 

Definitions 

The following words and terms as used in this Agree- 
ment shall have the following meanings unless the con- 



440 ORDINANCES Ord. No. 726 

text or use clearly indicates another or different meaning 
or intent: 

"Acquisition" or "acquisition" means, when used in re- 
gard to the Industrial Building, the acquisition of the In- 
dustrial Building as such meaning is intended in the Act, 
and shall include, where applicable and without limitation, 
the purchase, construction, rehabilitation, remodeling, ex- 
tension, equipping and permanent improvement of the In- 
dustrial Building. 

"Acquisition Period" means the period between the com- 
mencement of the Acquisition of the Industrial Building 
or the date on which the Bond is first delivered to the 
Bank, whichever is earlier, and the Completion Date (here- 
inafter defined). 

"Act" means Chapter 352 enacted by the 1972 Session 
of the General Assembly of Maryland, as amended, being 
Sections 266A to 266-1, inclusive, of Article 41 of the An- 
notated Code of Maryland (1978 Replacement Volume), as 
amended. 

"Agreement" means this Loan Agreement. 

"Assignment" means the Assignment of even date here- 
with by which the City assigns to the Bank as agent for 
the holder of the Bond, all of its right, title and interest 
in and to, and remedies under, this Agreement and moneys 
due and to become due to the City hereunder and all col- 
lateral pledged hereunder, and all of its right, title and 
interest in and to, and remedies under, the Deed of Trust 
(hereinafter defined), as security for the Loan as set forth 
in the Assignment. 

"Authorized City Representative" means the person at 
the time designated to act on behalf of the City by written 
certificate furnished to the Company and the Bank as agent 
for the holder of the Bond, containing the specimen signa- 
ture of such person and signed on behalf of the City by 
the Mayor of the City. Such certificate may designate an 
alternate or alternates. 

"Authorized Company Representative" means the person 
or persons at the time designated to act on behalf of the 
Company by written certificate furnished to the City and 



ORDINANCES 441 

the Bank as agent for the holder of the Bond, containing 
the specimen signature of such person and signed on be- 
half of the Company by its President or one of its Vice 
Presidents. Such certificate may designate an alternate 
or alternates. 

"Bank" means Mercantile-Safe Deposit and Trust Com- 
pany, a Maryland banking corporation, and its successors 
and, except for a subsequent purchaser of the Bond (here- 
inafter defined) , its assigns. 

"Bank as agent for the holder of the Bond" means the 
Bank acting in its fiduciary capacity as agent for the holder 
of the Bond, performing the functions described in the Or- 
dinance (hereinafter defined) and in the Assignment. 

"Banking Day" means a day other than a Saturday, 
Sunday or legal holiday in the State of Maryland. 

"Bond" means the City of Baltimore, Maryland Indus- 
trial Development Revenue Bond (The Mudge Paper Com- 
pany Project) dated as of June 1, 1978, in the principal 
amount of $1,000,000 to be issued pursuant to the Ordi- 
nance (hereinafter defined), without pecuniary liability on 
the part of the City. In the event the Bond is at any time 
exchanged for serial bonds as set forth in Section 9 of the 
Ordinance (hereinafter defined), then, and in that event, 
the term "Bond" shall be deemed to include, and shall 
mean, such serial bonds. 

"City" means Mayor and City Council of Baltimore, 
Maryland, a body politic and corporate and a political sub- 
division of the State of Maryland, and its successors and 
assigns. 

"Code" means the Internal Revenue Code of 1954, as 
amended, and the Treasury Regulations issued thereunder. 

"Company" means The Mudge Paper Company, a Mary- 
land corporation, and its successors and assigns. 

"Completion Date" means the date on which the acqui- 
sition of the Industrial Building has been completed, as 
that date shall be certified, as provided in Section 4.4 
hereof. 



442 ORDINANCES Ord. No. 726 

"Deed of Trust" means the first lien Deed of Trust of 
even date herewith, between the Company and 
and , trustees, covering the Industrial Building 

(including the land appurtenant thereto) as security for 
the Loan (hereinafter defined). 

"Guaranty Agreement" means the Guaranty Agreement 
of even date herewith, executed and delivered by the Com- 
pany whereby the Company fully and unconditionally 
guarantees to the Bank for the benefit of the holder of the 
Bond the payment of the principal of and interest on the 
Bond. 

"Holder of the Bond" or "holder of the Bond" means 
the registered owner of the Bond, which may be the Bank. 

"Industrial Building" means the Industrial Building more 
particularly described in Exhibit A attached to this Agree- 
ment and made a part hereof, and is intended to have the 
meaning ascribed to the term "industrial building" in the 
Act, and shall also include the land appurtenant to such 
Industrial Building. 

"Loan" means the Loan in the principal amount of 
$1,000,000 evidenced by and described in this Agreement 
to be made by the City to the Company. 

"Loan Agreement" means this Loan Agreement. 

"Loan Term" means the period the Loan is to be out- 
standing as specified in Section 5.1 hereof. 

"Net Proceeds" when used with respect to any con- 
demnation award or insurance proceeds allocable to the 
Industrial Building means the gross proceeds from con- 
demnation or insurance so allocable, with respect to which 
that term is used, remaining after payment of all expenses 
(including attorney's fees and any extraordinary expenses 
of the Bank as agent for the holder of the Bond) incurred 
in the collection of such gross proceeds. 

"Ordinance" means Ordinance No. of the City ap- 

proved by the Mayor of the City on , 1978, by 

which the City (a) has, inter alia, authorized the execution 
and delivery of this Loan Agreement, the Assignment, the 
Guaranty Agreement (for the limited purposes therein pro- 



ORDINANCES 443 

vided), the Trust Agreement (for the limited purpose 
therein provided), and the Deed of Trust (for the limited 
purpose therein provided), and the issuance and sale and 
execution and delivery of the Bond, and (b) has pledged 
the moneys derived and to be derived by the City from 
this Agreement to secure the punctual payment of the 
Bond and the interest thereon. 

"Prepayment Provisions" means, with respect to the 
Bond, the provisions for the prepayment of the Bond pur- 
suant to Section 7 of the Ordinance. 

"Trust Agreement'' means the Trust Agreement of even 
date herewith between the Company and 
and , trustees, pursuant to which the pro- 

ceeds of the Loan are to be deposited in trust with the 
Trustees (hereinafter defined), and held, invested and dis- 
bursed by the Trustees as therein provided. 

"Trustees" means and , 

trustees under the Trust Agreement, or their successors 
in trust who may be acting under and pursuant to the 
Trust Agreement from time to time. 

The words "hereof", "herein", "hereunder", "hereto", 
and other words of similar import refer to this Agreement 
as a whole. 

References to Articles, Sections, and other subdivisions 
of this Agreement are to the designated Articles, Sections, 
and other subdivisions of this Agreement as originally 
executed. 

The headings of this Agreement are for convenience 
only and shall not define or limit the provisions hereof. 

ARTICLE II. 

Lending Clause and Security 

Section 2.1. The Loom. The City agrees, upon the terms 
and subject to the conditions contained in this Agreement, 
to make the Loan to the Company in the amount of 
$1,000,000. The Company unconditionally promises to re- 
pay the principal of the Loan with interest thereon as 
provided in this Loan Agreement. 



444 ORDINANCES Ord. No. 726 

Section 2.2. Security. The Loan is secured by this 
Agreement and the Deed of Trust and the collateral pledged 
hereunder and thereunder. As additional security for the 
Loan the Company hereby grants to the City and its as- 
signs (including the Bank as agent for the holder of the 
Bond), and agrees that the City and its assigns (including 
the Bank as agent for the holder of the Bond) shall have, 
a security interest in all sums on deposit from time to time 
with the Trustees under the Trust Agreement. 

The Company agrees that with respect to the collateral 
described above the City and its assigns (including the 
Bank as agent for the holder of the Bond) shall have all 
of the rights and remedies of a secured party under the 
Maryland Uniform Commercial Code. 

ARTICLE III. 

Representations and Warranties; Findings 

Section 3.1. Representations by the City. The City 
makes the following representations : 

(a) Corporate Existence. The City is a body politic 
and corporate and a political subdivision of the State of 
Maryland. Under the provisions of the Act, the City has 
the power to enter into the transactions contemplated by 
this Agreement and to carry out its obligations hereunder. 
By proper action, the City has been duly authorized to 
execute and deliver this Agreement, to enter into the trans- 
actions contemplated hereby and to issue and sell the Bond. 

(b) Issuance of the Bond. To finance the cost of the 
acquisition of the Industrial Building the City has agreed 
at the request of the Company to issue and sell the Bond 
and to lend the proceeds thereof to the Company pursuant 
to the terms and conditions of this Agreement. 

(c) Pledge of Proceeds of the Loan. As provided in 
the Ordinance pursuant to which the Bond is to be issued 
and sold, the City's interest in this Agreement and the 
moneys derived by the City from the repayment of the 
Loan will be pledged for payment of the principal of and 
interest on the Bond and for any other payment referred 
to in Section 5.3 hereof. 



ORDINANCES 445 

Section 3.2. Representations and Warranties by the 
Company. The Company makes the following representa- 
tions and warranties : 

(a) Subsidiaries. The Company has no subsidiaries. 

(b) Good Standing. The Company (i) is a corporation 
duly organized and existing, in good standing, under the 
laws of the State of Maryland, (ii) has the corporate power 
to own its property and to carry on its business as now 
being conducted, and (iii) is duly qualified to do business 
and is in good standing in each jurisdiction in which the 
character of the properties owned by it therein or in which 
the transaction of its business makes such qualification 
necessary. 

(c) Corporate Authority. The Company has full power 
and authority to enter into this Agreement, to make the 
borrowing hereunder, to execute and deliver this Agree- 
ment, the Guaranty Agreement, the Trust Agreement, the 
Deed of Trust and all other documents necessary in the 
premises, and to incur the obligations provided for herein 
and therein, all of which have been duly authorized by all 
proper and necessary corporate action. No consent or ap- 
proval of stockholders or of any public authority or regu- 
latory body is required as a condition to the validity or 
enforceability of this Agreement, the Guaranty Agreement, 
the Trust Agreement, or the Deed of Trust. 

(d) Binding Agreement. This Agreement, the Guar- 
anty Agreement, the Trust Agreement, and the Deed of 
Trust constitute the valid and legally binding obligations 
of the Company, and are fully enforceable against the 
Company in accordance with their respective terms. 

(e) Litigation. There are no proceedings pending or, 
so far as the officers of the Company know, threatened, 
before any court or administrative agency which, in the 
opinion of the officers of the Company, will materially 
adversely affect the financial condition or operations of the 
Company or the validity or enforceability of this Agree- 
ment, the Ordinance, the Guaranty Agreement, the Trust 
Agreement or the Deed of Trust. 

(f ) No Conflicting Agreements. There is (a) no char- 
ter, by-law or preference stock provision of the Company 



446 ORDINANCES Ord. No. 726 

and no provision of any existing mortgage, indenture, 
contract or agreement binding on the Company or affecting 
its property, or (b) to the knowledge of the Company, no 
provision of law or order of court binding upon the Com- 
pany, which would conflict with or in any way prevent the 
execution, delivery, or performance of the terms of this 
Agreement, the Guaranty Agreement, the Trust Agree- 
ment, or the Deed of Trust, or which would be in default 
or violated as a result of such execution, delivery, or 
performance. 

(g) Financial Condition. The balance sheet of the 
Company as of December 31, 1977, together with state- 
ments of profit and loss and of surplus for the period then 
ended, certified by C. Bernard Ellinghaus, C.P.A. and here- 
tofore delivered to the Bank, are complete and correct and 
fairly present the financial condition of the Company and 
the results of its operations and transactions in its surplus 
accounts as of the date and for the period referred to and 
have been prepared in accordance with generally accepted 
accounting principles applied on a consistent basis through- 
out the period involved. There are no liabilities, direct or 
indirect, fixed or contingent, of the Company as of the date 
of such balance sheet which are not reflected therein or in 
the notes thereto. There has been no material adverse 
change in the financial condition or operations of the Com- 
pany since the date of such balance sheet (and to the 
Company's knowledge no such material adverse change is 
pending or threatened), and the Company has not guaran- 
teed the obligations of, or made any investments in or 
advances to, any company, individual, or other entity ex- 
cept as disclosed in such balance sheet. The Company has 
good and marketable title to all its properties and assets, 
and all such properties and assets are free and clear of mort- 
gages, pledges, liens, charges and other encumbrances, ex- 
cept as reflected on such balance sheet or the notes thereto. 

(h) Utility Arrangements and Permits. The Company 
has procured, or hereby agrees to use its best efforts to 
procure, from the appropriate state, county, municipal, 
and other authorities and corporations, connection and dis- 
charge arrangements for the supply of water, gas, elec- 
tricity and other utilities and sewage and industrial waste 
disposal for the operation of the Industrial Building. 



ORDINANCES 447 

(i) Tax Returns. The Company has filed all required 
federal, State and local tax returns and has paid all taxes 
as shown on such returns as they have become due. Federal 
income taxes have been audited through December 31, 
1975, and no claims have been assessed and are unpaid 
with respect to such taxes except as shown in the balance 
Sheet referred to in (g) above. 

(j) Use of Loan Proceeds. The Company intends to 
use the proceeds of the Loan solely to acquire the Indus- 
trial Building. The Company intends the Bond to be an 
"Industrial Development Bond" within the meaning of 
Section 103(b) (2) of the Code. 

Substantially all of the proceeds of the Bond will be 
used to acquire land or to acquire property of a character 
subject to the allowance for depreciation as prescribed in 
Section 103(b) (6) (A) of the Code; and the Company will 
not commit any act which will adversely affect the tax 
exempt status of the interest on the Bond. No part of the 
proceeds of the Bond will be used to finance inventory or 
for working capital. On the basis of the facts, estimates 
and circumstances in existence on the date of this Agree- 
ment, a period of less than three (3) years from the date 
of issuance of the Bond is necessary for the completion 
of the acquisition of the Industrial Building. 

(k) Liens on Collateral. There exist (s) no lien or 
liens on the collateral pledged as security for the Loan 
under Section 2.2 of this Agreement or on any of the 
property pledged as security for the Loan under the Deed 
of Trust. 

(1) Commencement of Work and Binding Obligations. 
The Company did not commence work on, and did not incur 
any binding obligations for the acquisition of, the Indus- 
trial Building until after , 1978, the date on 
which the Ordinance was approved by the Mavor of the 
City. 

Section 3.3 Findings by City. The City hereby confirms 
its findings that the acquisition of the Industrial Building 
will promote the purposes of the Act by (i) maintaining 
employment and relieving unemployment in the City of 



448 ORDINANCES Ord. No. 726 

Baltimore, and elsewhere in the State of Maryland; (ii) 
encouraging the increase of industry and a balanced econ- 
omy in the State of Maryland and in the City of Baltimore ; 
(iii) promoting economic development; and (iv) thus pro- 
moting the health, welfare and safety of the residents of 
the City of Baltimore and of the State of Maryland. 

ARTICLE IV. 

Commencement and Completion of the 
Industrial Building; Issuance of the Bond 

Section 4.1. Agreement to Acquire the Industrial Build- 
ing. The Company covenants and agrees that: 

(a) It will cause the Industrial Building to be ac- 
quired substantially in accordance with the description of 
the Industrial Building set forth in Exhibit A attached 
hereto, and in the Plans and Specifications prepared by 

(the "Plans and Specifications"). 

(b) It will submit the Plans and Specifications to the 
Bank for approval. 

(c) It will submit the Plans and Specifications to the 
Department of Housing and Community Development for 
approval. The Company understands that, in addition to 
the economic feasibility of the construction of the Indus- 
trial Building, the Department of Housing and Community 
Development may consider, without limitation, the suit- 
ability of the site plan, architectural treatment, building 
plans, elevations, materials, color, construction details, ac- 
cess, parking, loading, landscaping, identification signs, ex- 
terior lighting, refuse collection details, streets, sidewalks, 
and harmony between the plans and the surroundings of 
the proposed Industrial Building; and that the Department 
of Housing and Community Development may refuse ap- 
proval of the Plans and Specifications for aesthetic or 
functional reasons. 

(d) It and its developers will work with the design 
advisory group appointed by the Department of Housing 
and Community Development in order to achieve high 

quality site, building, and landscape design. 

(e) Without the prior written consent of the Bank as 
agent for the holder of the Bond, it and its contractors 



ORDINANCES 449 

will not make any material changes in the Industrial Build- 
ing to be acquired as described in Exhibit A attached 
hereto and in the Plans and Specifications. 

(f) It will cause the acquisition of the Industrial Build- 
ing to be completed within the period of time prescribed in 
the Trust Agreement. In the event the acquisition of the 
Industrial Building commences prior to the receipt of pro- 
ceeds from the sale of the Bond, the Company agrees to 
advance all funds necessary for such purposes, subject to 
reimbursement pursuant to the provisions hereof. Nothing 
contained in this Section shall relieve the Company from 
making any payments required to be made pursuant hereto. 

Section 4.2. Agreement to Issue Bond; Application of 
Bond Proceeds. In order to provide funds for payment of 
the costs of acquisition provided for in Section 4.3 hereof, 
the City agrees that it will issue and sell the Bond and 
cause the Bond to be delivered to the Bank pursuant to 
and in accordance with the Ordinance. Upon receipt of the 
proceeds of the Bond, the City will disburse such proceeds 
to the Company in accordance with the provisions of the 
Ordinance and Section 4.3 of this Loan Agreement. 

Section 4.3. Disbursement of the Loan Proceeds. The 
City and the Company hereby authorize and direct the use 
of the proceeds of the Loan for the following purposes 
(and, subject to the provisions of Section 4.6 hereof, for 
no other purpose) : 

(a) Payment of the necessary expenses of preparing 
and selling the Bond; the fees and expenses for recording 
or filing any financing statements required by the City or 
the Bank as agent for the holder of the Bond to be re- 
corded or filed, and any other documents or instruments, 
the filing or recording of which either the City, the Bank 
as agent for the holder of the Bond, or the Company, or 
counsel to the City, the Bank as agent for the holder of 
the Bond, or the Company may reasonably deem desirable; 
and the fees and expenses in connection with the com- 
mencement and prosecution of any action or proceeding 
that either the City, the Bank as agent for the holder of 
the Bond, or the Company, or counsel to the City, the Bank 
as agent for the holder of the Bond, or the Company may 



450 ORDINANCES Ord. No. 726 

reasonably deem desirable in connection with this Agree- 
ment and the transactions contemplated hereby. 

(b) Subject to the terms and conditions of the Trust 
Agreement, payment to the Company of such amount, if 
any, as shall be necessary to reimburse the Company for 
all advances and payments made or costs incurred by the 
Company prior to or after the execution of this Loan Agree- 
ment for expenditures in connection with the preparation 
of the Plans and Specifications for the Industrial Building 
(including any preliminary study of the Industrial Build- 
ing or any aspect thereof) ; site improvements ; any and 
all direct and indirect costs of acquisition of the Industrial 
Building; the construction, acquisition and installation 
necessary to provide utility services ; acquisition of all other 
real and personal property necessary in connection with the 
Industrial Building; and for miscellaneous expenses inci- 
dental to any of the above (including, without limitation, 
fees for architectural, engineering and supervisory services 
with respect to any of the foregoing). 

(c) Payment of the legal and accounting fees (including 
those of the Bank as agent for the holder of the Bond and 
the City) and expenses incurred in connection with the 
authorization, issuance and sale of the Bond, the prepara- 
tion of this Loan Agreement and all other documents in 
connection therewith and in connection with the acquisition 
of title to the Industrial Building; and payment of the fees, 
or out-of-pocket expenses, of the City, if any, incurred 
with respect to the Industrial Building or the Bond to be 
issued under the Ordinance. 

(d) Payment for labor, services, materials and supplies 
used or furnished for any of the purposes or objectives 
set out in Section 4.3(b) above, subject to the terms and 
conditions of the Trust Agreement. 

(e) Payment to the Bank as agent for the holder of 
the Bond, as such payments become due, of the fees and 
expenses of the Bank as agent for the holder of the Bond 
that may become due during the Acquisition Period, or re- 
imbursement thereof, if paid by the Company. 

(f) Payment of expenses incurred with the approval 
of the Company in seeking to enforce any remedy against 
any contractor or subcontractor in respect of any default 



ORDINANCES 451 

under any contracts to which the Company is a party in 
connection with the Industrial Building. 

(g) Payment of any other expenses authorized under 
the Act. 

The proceeds of the Loan will be disbursed by the City 
to the Company, and the Company will simultaneously de- 
posit such proceeds in trust with the Trustees under and 
pursuant to the Trust Agreement, to be held, invested and 
disbursed by the Trustees as therein provided for the pur- 
poses set forth in this Loan Agreement and in the Trust 
Agreement. Unless the prior written consent of the holder 
of the Bond is obtained, the proceeds of the Loan may be 
disbursed only in accordance with the terms, conditions, 
provisions and procedures set forth in the Trust Agreement. 

The Company covenants that substantially all of the 
proceeds of the Bond shall be used in compliance with 
Section 103(b)(2) of the Code, and shall be used for the 
acquisition of land or the acquisition, construction or in- 
stallation of property of a character subject to the allow- 
ance for depreciation as prescribed in Section 103(b) (6) (A) 
of the Code. All moneys remaining on deposit after the 
Completion Date and after payment of all items provided 
for in this Section, except for amounts required by the 
Company for payment of costs of the Industrial Building 
not then due and payable, and any moneys held by the 
Trustees upon the occurrence of an event of default under 
Section 8 of the Trust Agreement shall be disbursed by the 
Trustees to the City to be applied to the prepayment, 
without premium or penalty, of the amounts due hereun- 
der; and such amounts shall be applied by the City to the 
immediate prepayment, without premium or penalty, of the 
amounts due hereunder; and such amounts shall be applied 
by the City to the immediate prepayment, without pre- 
mium or penalty, of the then remaining installments of 
principal of the Bond proratably in accordance with the 
terms and provisions of the Ordinance. Any such prepay- 
ment made under this Section 4.3 need not be made (a) 
in an amount greater than $50,000 or in multiples of $5,000, 
or (b) on an interest payment date. 

Section 4.4. Establishment of Completion Date. The 
Completion Date shall be evidenced to the Bank as agent 



452 ORDINANCES Ord. No. 726 

for the holder of the Bond, the Trustees and the City by 
a certificate signed by the Authorized Company Represen- 
tative and by the Company's architect (approved by the 
Bank as agent for the holder of the Bond) stating in sub- 
stance that (1) the acquisition of the Industrial Building 
has been completed in accordance with the description 
thereof set forth in Exhibit A hereto and with the Plans 
and Specifications, and all labor, services, materials and 
supplies used in such acquisition have been paid for, (2) 
all other improvements necessary in connection with the 
Industrial Building have been acquired and constructed 
substantially in accordance with the description thereof set 
forth in Exhibit A hereto, and all costs and expenses in- 
curred in connection therewith have been paid, (3) the 
Industrial Building is suitable and sufficient for its intended 
purposes, and (4) substantially all of the proceeds from 
the Bond theretofore advanced by the Trustees have been 
used for purposes allowable under Section 103(b) (2) of the 
Code. Such certificate shall have attached thereto final 
waivers of liens of the general contractor and all subcon- 
tractors and suppliers as well as a copy of the permanent 
certificate of occupancy. 

Notwithstanding the foregoing, such certificate shall state 
that it is given without prejudice to any rights against 
third parties which exist at the date of such certificate or 
which may subsequently come into being. It shall be the 
duty of the Company to cause such certificate to be fur- 
nished as soon as the acquisition of the Industrial Building 
shall have been completed. 

Section 4.5. Company Required to Pay Costs in the 
Event Bond Proceeds Insufficient. In the event the pro- 
ceeds of the Bond available for payment of the costs of the 
acquisition of the Industrial Building shall not be suffi- 
cient to pay the costs thereof in full (including all items 
of cost set forth in Section 4.3 hereof), the Company 
agrees to complete the acquisition of the Industrial Build- 
ing and pay all that portion of the costs of the acquisition 
of the Industrial Building (including all items of cost set 
forth in Section 4.3 hereof) as may be in excess of the pro- 
ceeds of the Bond available therefor. The City does not 
make any warranty, either express or implied, that the 



ORDINANCES 453 

proceeds of the Bond which, under the provisions of this 
Agreement, will be available for payment of the costs of 
the acquisition of the Industrial Building, will be sufficient 
to pav all the costs which will be incurred in that con- 
nection (including all items of cost set forth in Section 4.3 
hereof). The Company agrees that if after exhaustion of 
the proceeds of the Bond the Company shall pay any por- 
tion of the costs of the acquisition of the Industrial Build- 
ing pursuant to the provisions of this Section, it shall not 
be entitled to any reimbursement therefor from the City, 
or from the Bank, or from the Bank as agent for the 
holder of the Bond, or from the holder of the Bond, or 
from the Trustees, nor shall it be entitled to any diminu- 
tion of the amounts payable hereunder. 

Section 4.6. Investment of Money. Any moneys held by 
the Trustees under the Trust Agreement and not required 
for immediate disbursement and withdrawal shall, at the 
written request of the Authorized Company Representative, 
be invested or reinvested to the extent permitted by law, 
in the following: (i) general obligations, of, or obligations 
unconditionally guaranteed as to principal and interest by, 
the United States of America; (ii) bonds, debentures, par- 
ticipation certificates or notes issued by any agency or 
corporation which is or may hereafter be created by Act 
of the Congress of the United States as an agency or in- 
strumentality thereof; (iii) Public Housing Bonds, Tem- 
porary Notes or Preliminary Loan Notes, fully secured by 
contracts with the United States; (iv) certificates of de- 
posit issued by the Bank, or any other bank, trust company 
or national banking association, organized under the laws 
of the United States or any state thereof, which has a 
combined capital of at least $40,000,000, in any amount; 
or (v) any other investment which the Trustees may le- 
gally make under federal and Maryland law and which is 
approved by the Bank as agent for the holder of the Bond. 
Such investments shall be made in the discretion of the 
Trustees; provided, however, that the Company may by 
written direction from the Authorized Company Represen- 
tative to the Trustees direct the investments. All such in- 
vestments shall have maturities consonant with the need 
for funds as estimated by such Authorized Company Rep- 
resentative. The Company covenants that it will not direct 



454 ORDINANCES Ord. No. 726 

or permit investments which would cause the Bond to be 
an "arbitrage bond" within the meaning of Section 
103(c)(2) of the Code. On each interest payment date, as 
provided in Section 5.3 hereof, any profit realized from 
investments made hereunder shall be paid over by the 
Trustees to the Bank as agent for the holder of the Bond 
(as assignee of the City) and shall be applied by the Bank 
as agent for the holder of the Bond to the interest on the 
Loan due and payable on such date. To the extent that 
any profits are so paid over and applied, the payment of 
interest for which the Company is responsible on such date 
shall be reduced accordingly. Excess profits, over and above 
the interest due and payable on such date shall remain on 
deposit (and be reinvested by the Trustees to the extent 
practicable) until the next interest payment date, when it 
will be paid over and applied as aforesaid. Upon completion 
of the acquisition of the Industrial Building, all moneys 
held by the Trustees shall be applied as set forth in the 
last literary paragraph of Section 4.3 of this Agreement. 

ARTICLE V. 

Effective Date of This Agreement; Duration of 

Loan Term; Ownership and Possession of 

Industrial Building; Repayment Provisions; 

Obligations of Company Unconditional 

Section 5.1. Effective Date of This Agreement; Duration 
of Loan Term. This Agreement shall become effective 
upon its delivery, and shall expire on such date as the 
Bond has been fully paid and retired and all other pay- 
ments required hereunder have been made; provided how- 
ever, that the expiration of this Agreement shall not affect 
the Company's obligation to pay to the holder of the Bond 
an additional amount after the Bond has been fully paid 
and retired in the event that the holder of the Bond in a 
tax return or as a result of a deficiency assessment or 
otherwise, incurs a tax liability as more fully set out in 
Section 5.3 hereof. 

Section 5.2. Ownership and Possession of the Industrial 
Building. The City agrees that the Industrial Building 
shall be the sole property of the Company and that the 
Company shall enjoy the sole and exclusive ownership and 



ORDINANCES 455 

possession of the Industrial Building (subject to the right 
of the City to enter thereon for inspection and other pur- 
poses pursuant to the provisions of Section 9.2 hereof). 
The City covenants and agrees that it will not take any 
action, other than pursuant to Article X of this Loan 
Agreement and its general police powers, to prevent the 
Company from having quiet and peaceable enjoyment of 
the Industrial Building. 

Section 5.3. Amounts Payable. The Company promises 
to repay the Loan with interest on the unpaid principal 
amount thereof, from the date hereof, at the rate of 6% % 
per annum (calculated on the basis of a 360-day year 
factor applied to actual days elapsed) ; provided, however, 
that during any period in which the interest payable on 
the Bond is includible in the gross income (as defined in 
Section 61 of the Internal Revenue Code of 1954, as 
amended) of the holder of the Bond, the rate of interest 
payable on the unpaid principal amount of the Loan shall 
be at the rate of 10%% per annum (calculated on the 
basis of a 360-day year factor applied to actual days 
elapsed) (hereinafter called the "Taxable Rate"). 

The principal of and interest on the Loan shall be pay- 
able in lawful money of the United States of America at 
the time of payment as follows : 

(a) interest on the outstanding principal balance shall 
be due and payable semi-annually on the first days of 
January and July in each year, commencing on January 1, 
1979, continuing to and including July 1, 1994, or until the 
principal amount shall have been paid in full; 

(b) commencing on July 1, 1979, continuing to and 
including July 1, 1994, the principal amount shall be paid 
in 31 equal, consecutive installments of $32,258.06 each, 
payable on the first days of January and July in each year ; 

(c) the Loan will mature, and the entire unpaid bal- 
ance of the principal thereof and all accrued and unpaid 
interest thereon shall be due and payable on July 1, 1994; 
and 

(d) all payments received shall be applied first to in- 
terest and the balance to principal. 



456 ORDINANCES Ord. No. 726 

In any event, each and every payment to be made under 
this Section shall be sufficient to pay the payments of 
interest on and the installments of the principal of and 
interest on the Bond when due (whether at maturity, by 
redemption, by acceleration or otherwise). 

The Company agrees to pay to (and within 30 days after 
the request of) the City, the Bank, or the Bank as agent 
for the holder of the Bond, until the principal of and in- 
terest on the Bond shall have been paid in full, (i) the 
ordinary and reasonable fees, charges and expenses of the 
City, the Bank, and the Bank as agent for the holder of 
the Bond incurred in connection with the transactions con- 
templated by this Loan Agreement as and when the same 
become due, and (ii) the reasonable fees, charges and ex- 
penses incurred by the City under the Ordinance as and 
when the same become due, including, but not limited to, 
any expenses incurred by the City in authorizing and issu- 
ing serial bonds pursuant to Section 9 of the Ordinance. 

In the event that interest payable on the Bond is de- 
termined to be includible in the gross income (as defined 
in Section 61 of the Internal Revenue Code of 1954, as 
amended) of the holder of the Bond so as to cause the rate 
of interest on the Bond to be the Taxable Rate, the Com- 
pany agrees to pay, on demand, directly to the holder of 
the Bond an additional amount of money, which when 
added to the interest paid on the Bond from the date the 
interest became so includible in the gross income of the 
holder would cause the total amount of interest on the 
Bond from such date to the date upon which the rate of 
interest on the Bond is so increased, to have been paid 
at a rate equal to the Taxable Rate, and such amount shall 
be considered additional interest on the Bond. 

In the event that after the Bond has been fully paid and 
retired, any holder of the Bond, in a tax return or as a 
result of a deficiency or otherwise, incurs a tax liability 
under circumstances that, were the Bond then outstanding, 
would cause the rate of interest payable on the Bond to 
be the Taxable Rate, the Company agrees to pay, on de- 
mand, directly to that holder of the Bond an additional 
amount of money, which when added to the interest paid 
on the Bond from the date the interest became includible 



ORDINANCES 457 

in the gross income of that holder, would cause the total 
amount of interest on the Bond from such date to the 
date upon which the interest on the Bond w^as no longer 
includible in the gross income of that holder to have been 
paid at a rate equal to the Taxable Rate, and such amount 
shall be considered additional interest on the Bond. In the 
event that after the Bond has been transferred in ac- 
cordance with Section 9 of the Ordinance but prior to the 
date on which the Bond has been fully paid and retired, 
any previous holder of the Bond, in a tax return or as a 
result of a deficiency or otherwise, incurs a tax liability 
as a result of the interest payable on the Bond being 
includible in the gross income (as defined in Section 61 
of the Code) of such previous holder of the Bond, the 
Company agrees to pay, on demand, directly to that pre- 
vious holder of the Bond an additional amount of money, 
which when added to the interest paid on the Bond from 
the date the interest on the Bond became so includible 
in the gross income of that holder of the Bond, would 
cause the total amount of interest on the Bond from such 
date to the date upon which the interest on the Bond was 
no longer includible in the gross income of that holder to 
have been paid at a rate equal to the Taxable Rate, and 
and such amount shall be considered additional interest on 
the Bond. 

It is understood and agreed, that notwithstanding the 
other terms and provisions of this Section 5.3, the City, the 
Bank as agent for the holder of the Bond, and the holder 
of the Bond will afford the Company the opportunity, at 
the Company's sole expense, to challenge, before being re- 
quired to make interest payments at the Taxable Rate or 
to make any payments as set forth in the fifth and sixth 
literary paragraphs of this Section 5.3: 

(a) the validity of any amendment to the Code (or any 
subsequent tax law) which causes the interest on the Bond 
to become includible in the gross income (as defined in 
Section 61 of the Code) of any holder of the Bond ; or 

(b) any challenge to the validity of the tax exemption 
on the interest on the Bond; including the right to direct 
the necessary litigation (including administrative audit 
appeals) ; Provided, that the following conditions are met, 



458 ORDINANCES Ord. No. 726 

complied with and satisfied to the complete satisfaction in 
all respects of the City, the Bank as agent for the holder 
of the Bond and the holder of the Bond: 

(a) the Company shall, on demand, immediately reim- 
burse the City, the Bank as agent for the holder of the 
Bond and the holder of the Bond for any and all expenses 
(including reasonable attorneys' fees for services that may 
be required) that may be incurred by any of them in con- 
nection with any such challenge ; and 

(b) the Company shall furnish to the Bank as agent 
for the holder of the Bond such security and indemnity 
as the Bank as agent for the holder of the Bond shall in 
its sole discretion require to assure that no holder of the 
Bond shall receive a lower yield (net of income taxes) on 
the Bond than would have been realized by such holder 
of the Bond had the Company not challenged such amend- 
ment or challenge to the validity of the tax exemption. 

If the Company challenges any such amendment or chal- 
lenge to the tax exemption, and fails, then any amount 
due hereunder, as set forth in the fifth and sixth literary 
paragraphs of this Section 5.3 must be paid in full by the 
Company within 45 days after written notice is given to 
the Company by the Bank as agent for the holder of the 
Bond that, in the discretion of the Bank as agent for the 
holder of the Bond, it has been finally determined that the 
interest payable on the Bond is includible in the gross in- 
come (as defined in Section 61 of the Code) of the holder 
of the Bond. 

In the event the Company should fail to make any of the 
payments required in this Section, the item or installment 
so in default shall continue as an obligation of the Com- 
pany until the amount in default shall have been fully 
paid, and the Company agrees to pay such item or install- 
ment in default with interest thereon at the rate of 11% 
per annum until paid (which interest shall commence to 
accrue on the 7th day following the day on which such 
item or installment was due and payable). 

Section 5.4. Place of Payments. The payments provided 
for in the first literary paragraph of Section 5.3 hereof 



ORDINANCES 459 

shall be made in immediately available funds directly to 
the Bank as agent for the holder of the Bond, at its offices 
at 2 Hopkins Plaza, Baltimore, Maryland 21201. If any 
payment hereunder falls due on any day which is not a 
Banking Day, then such payment date shall be extended 
to the next succeeding full Banking Day. The payments to 
be made under the fourth literary paragraph of Section 
5.3 hereof shall be paid directly to the Bank as agent for 
the holder of the Bond or directly to the City as the case 
may require. 

Section 5.5. Obligations of the Company Hereunder Un- 
conditional. The obligation of the Company to make the 
payments required in Section 5.3 hereof and to perform 
and observe the other agreements on its part contained 
herein shall be absolute and unconditional, irrespective of 
any defense or any rights of set-off, recoupment or coun- 
terclaim it might otherwise have against the City, and the 
Company shall pay absolutely net during the term of this 
Agreement the payments to be made on account of the 
Loan as prescribed in Section 5.3 and all other payments 
required hereunder, free of any deductions and without 
abatement, diminution or set-off other than those herein 
expressly provided; and until such time as the principal 
of and interest on the Bond shall have been fully paid, 
the Company: (i) will not suspend or discontinue any pay- 
ments provided for in Section 5.3 hereof; (ii) will perform 
and observe all of its other agreements contained in this 
Agreement; and (iii) except as provided in Article XI 
hereof, will not terminate this Agreement for any cause, 
including, without limiting the generality of the forego- 
ing, failure of the Company to complete the acquisition of 
the Industrial Building, the occurrence of any acts or cir- 
cumstances that may constitute failure of consideration, 
destruction of or damage to the Industrial Building, com- 
mercial frustration of purpose, any change in the tax laws 
of the United States of America or of Maryland or any 
political subdivision or either of these, or any failure of 
the City to perform and observe any agreement, whether 
express or implied, or any duty, liability or obligation aris- 
ing out of or connected with this Loan Agreement, except 
to the extent permitted by this Loan Agreement. 



460 ORDINANCES Ord. No. 726 

ARTICLE VI. 
Section 6.1. Affirmative Covenants. 

(PROVISIONS FOR AFFIRMATIVE COVENANTS TO 
BE INSERTED HERE WHEN ADOPTED BY RESOLU- 
TION OF THE COMMISSIONERS OF FINANCE) 

Section 6.2. Negative Covenants. 

(PROVISIONS FOR NEGATIVE COVENANTS TO BE 
INSERTED HERE WHEN ADOPTED BY RESOLU- 
TION OF THE COMMISSIONERS OF FINANCE) 

ARTICLE VII. 

Damage and Condemnation; 
Application of Net Proceeds 

Section 7.1. Damage, Destruction and Condemnation. 
Unless the payments required to be made pursuant to 
Section 5.3 hereof shall have been accelerated pursuant to 
the provisions of Section 10.2(a) hereof, or the Company 
shall have been obligated pursuant to Article XI hereof to 
prepay such amounts, if prior to full payment of the Bond 
(i) the Industrial Building (or any portion or portions 
thereof) is damaged by fire or other casualty or is destroyed 
(in whole or in part), or (ii) title to, or the use of, the 
Industrial Building (or any part thereof), or the interest 
of the Company in the Industrial Building (or any part 
thereof) shall be taken under the exercise of the power of 
eminent domain by any governmental body or by any per- 
son, firm, or corporation acting under governmental au- 
thority, either temporarily or permanently, the Company 
shall be obligated to continue to pay the amounts specified 
in this Agreement, and the Company will cause the Net 
Proceeds resulting from any event described in this Section 
7.1 to be applied, in a manner approved by and satisfactory 
in all respects to the Bank as agent for the holder of the 
Bond, to the prompt repair, restoration, relocation, modi- 
fication or improvement of the Industrial Building by the 
Company unless the Bond is prepaid in full pursuant to 
the provisions of Section 11.2 of this Agreement. 

Section 7.2. Insufficiency of Net Proceeds. If the Net 
Proceeds are insufficient to pay in full the cost of any 
repair, restoration, relocation, modification or improvement 



ORDINANCES 461 

required by Section 7.1 hereof, the Company will nonethe- 
less complete the work and will pay any costs of such work 
in excess of the amount of the Net Proceeds. 

ARTICLE VIII. 

Special Covenants and Provisions 

Section 8.1. No Warranty of Condition or Suitability by 
the City. The City makes no warranty, either express or 
implied, as to the condition of the Industrial Building or 
any part thereof, or that the Industrial Building- will be 
suitable (including, without limitation, zoning and avail- 
ability of utilities) for the Company's purposes or needs. 

Section 8.2. Right of Access to the Industrial Building. 
The Company agrees that the City, the Bank as agent for 
the holder of the Bond, the holder of the Bond and their 
duly authorized agents shall have the right at all reason- 
able times to enter upon the Industrial Building and the land 
appurtenant thereto to examine and inspect the Industrial 
Building and to enforce any remedies in the event of a 
default under this Agreement. 

Section 8.3. City and Company Representatives. The 
Company and the City, respectively, shall designate, in the 
manner prescribed in Article I hereof, the Authorized 
Company Representative and the Authorized City Repre- 
sentative. In the event that any person so designated and 
his alternate or alternates, if any, should become unavail- 
able or unable to take any action or make any certificate 
provided for or required in this Agreement, a successor 
shall be appointed in the same manner. Whenever under 
the provisions of this Agreement the approval of the City 
or the Company is required, or the City or the Company 
is required to take some action at the request of the other, 
such approval or such request shall be given for the City 
by the Authorized City Representative, and for the Com- 
pany by the Authorized Company Representative; and the 
other party hereto, the Bank as agent for the holder of the 
Bond and the holder of the Bond are authorized to rely 
upon any such approval or request, and neither party here- 
to shall have any complaint against the other nor against 
the Bank as agent for the holder of the Bond or the holder 
of the Bond as a result of any such reliance. 



462 ORDINANCES Ord. No. 726 

Section 8.4. Further Assurances and Corrective Instru- 
ments. The City and the Company agree that they will, from 
time to time, execute and deliver or cause to be executed 
and delivered, such supplements hereto and such further 
instruments as may reasonably be required for carrying 
out the intention of the parties to, or facilitating the per- 
formance of, this Agreement. 

Section 8.5. Covenants with Respect to Use of Bond Pro- 
ceeds. The City is issuing the Bond with the intention 
that the interest on the Bond be and remain free from fed- 
eral income taxation and is covenanting with the holder of 
the Bond that it (i) will make no use of the proceeds 
of the Bond which, if such use had been reasonably ex- 
pected on its date of issuance, would have caused the Bond 
to be an "arbitrage bond" within the meaning of Section 
103 (c) of the Code as in effect at the time of such issuance, 
and (ii) will comply to the extent applicable with the re- 
quirements of Section 103(c) of the Code. To that end the 
Company covenants with the City for the benefit of the 
holder of the Bond that it (i) will make no use of the pro- 
ceeds of the Bond which, if such use had been reasonably 
expected on its date of issuance, would have caused the 
Bond to be an "arbitrage bond" within the meaning of 
Section 103(c) of the Code as in effect at the time of such 
issuance, and (ii) will comply to the extent applicable with 
the requirements of Section 103(c) of the Code. The Com- 
pany will not (a) take any action, (b) fail to take any ac- 
tion, or (c) make any use of the Industrial Building or the 
proceeds of the Bond, which would cause the interest on 
the Bond to be or become subject to federal income taxes in 
the hands of the holder of the Bond. 

Section 8.6. Modification of the Industrial Building by the 
Company. Subject to the representations and warranties 
contained in Section 3.2 hereof, the agreements contained 
in Section 4.1 hereof, and the covenants set forth in Section 
8.5 above, the Company may, from time to time, and at its 
own expense, and with the prior written consent of the 
holder of the Bond, install additional property or otherwise 
improve, alter, or replace the Industrial Building with 
property of equal or greater value. 

Section 8.7. Restriction on Transfer* and Encumbrance of 
Industrial Building by the Company. The Company agrees 



ORDINANCES 463 

that it will not, during the Loan Term, sell, assign, lease, 
transfer, convey or otherwise dispose of the Industrial 
Building (including the land appurtenant thereto) or any 
portion thereof nor create or suffer to exist any lien or en- 
cumbrance upon the Industrial Building during the Loan 
Term unless (a) the Company shall have received the prior 
written consent of the holder of the Bond, such consent not 
to be unreasonably withheld, and (b) any such sale, assign- 
ment, lease, transfer, conveyance, disposition, or encum- 
brance shall not adversely affect the tax exempt status of 
the interest on the Bond. 

Section 8.8. No Pecuniary Liability. The Act prescribes, 
and the parties intend that by reason of making this Agree- 
ment, by reason of the issuance of the Bond, by reason of 
the performance of any act required of it by this Agree- 
ment, or by reason of the performance of any act requested 
of it by the Company, no indebtedness or charge against 
the general credit or taxing powers of the City within the 
meaning of any constitutional or charter provision or statu- 
tory limitation shall occur or shall ever constitute or give 
rise to any pecuniary liability of the City. Nevertheless, if 
the City shall incur any such pecuniary liability, then in 
such event the Company shall indemnify and hold the City 
harmless therefrom. 

Section 8.9. No Liability to Third Parties. Throughout 
the Loan Term, no person or entity contracting with the 
Company with respect to the Industrial Building shall be 
reimbursed by the City under any circumstances whatso- 
ever. The City's issuance of the Bond and loan of the pro- 
ceeds thereof to the Company shall in no way be construed 
as obligating the City in any way to any person or entity 
for the payment of any expense incurred with respect to 
the Industrial Building. 

ARTICLE IX. 
Assignment and Prepayment 

Section 9.1. No Assignment by Company. This Agree- 
ment may not be assigned by the Company without the 
prior written consent of the holder of the Bond. 

Section 9.2. Assignment by City. The City has, simul- 
taneously with the delivery of this Agreement, by execu- 



464 ORDINANCES Ord. No. 726 

tion and delivery of the Assignment, assigned all moneys 
due and to become due to the City under this Agreement 
and all of the City's right, title and interest in and to, and 
remedies under, this Agreement and the Deed of Trust, to 
the Bank as agent for the holder of the Bond as security 
for the payment of the principal of and interest on the 
Bond and all sums payable under the Ordinance. The Com- 
pany agrees that it will make payment directly to the Bank 
as agent for the holder of the Bond of all sums specified 
herein as amounts payable or to become payable by the 
Company, other than payments to be made to the City pur- 
suant to the fourth literary paragraph of Section 5.3 hereof 
and Sections 10.4, 12.2 and 12.9 hereof, notwithstanding 
any term of this Agreement or the non-performance by the 
City of any obligation hereunder, or any other matter or 
event whatsoever, including without limitation, the bank- 
ruptcy, insolvency, liquidation or nonexistence of the City, 
which might otherwise relieve the Company from the obli- 
gation to pay such amount, and that the same shall be paid 
at the respective times specified herein for the payment 
thereof, and the receipt by the Bank as agent for the 
holder of the Bond of such payments shall discharge the 
obligations of the Company to the City hereunder to the 
extent thereof. The Company agrees that no such payment 
shall be subject to any right of setoff, counterclaim or any 
other defense which the Company may or might now or 
hereafter have against the City, the Bank as agent for the 
holder of the Bond, or the holder of the Bond, and that all 
such payments shall be final, and the Company shall not 
seek to recover from the Bank as agent for the holder of 
the Bond for any reason whatsoever, any moneys paid by 
the Company to the Bank as agent for the holder of the 
Bond by virtue of this Agreement or the Assignment. The 
Assignment shall not impose on the Bank as agent for the 
holder of the Bond any of the duties, liabilities, or obliga- 
tions of the City hereunder, but the Bank as agent for the 
holder of the Bond shall acquire thereby all rights of the 
City hereunder to collect and receive all sums payable here- 
under, or amounts equal thereto, as are necessary to pay 
the Loan in full and to constitute the Bank as agent for the 
holder of the Bond the beneficiary of the obligations of the 
Company herein contained. 



ORDINANCES 465 

Section 9.3 Prepayment of the Bond. Upon the payment 
of any amounts due under Section 5.3 hereof or elsewhere 
in this Agreement and if adequate provision has been made 
to assure that money sufficient to effect prepayment will be 
on deposit with the Bank as agent for the holder of the 
Bond on the date fixed for prepayment (including any 
premium or additional interest required under the Prepay- 
ment Provisions), the City or the assignee under the As- 
signment, at the request at any time of the Company, and 
if the same is then subject to prepayment, shall forthwith 
take all steps that may be necessary under the Prepayment 
Provisions to effect prepayment of all or part of the then 
outstanding principal and unpaid accrued interest on the 
Bond, on the earliest prepayment date on which such pre- 
payment may be made under the Prepayment Provisions. 

Section 9.4. Reference to Bond Ineffective After Bond 
Paid. Except as provided in the sixth literary paragraph 
of Section 5.3 hereof, upon payment in full of the Bond and 
all fees and charges of the Bank, the Bank as agent for the 
holder of the Bond and the City, all references in this 
Agreement to the Bond shall be ineffective, and the holder 
of the Bond shall thereafter have no rights hereunder, 
saving and excepting those that shall have theretofore 
vested. 

ARTICLE X. 

Events of Default and Remedies 

Section 10.1 Defaults. It shall be an "event of default" 
under this Agreement, if any of the following shall occur: 

(a) Any representation or warranty made by the Com- 
pany herein or any statement or representation made in 
any certificate, report or opinion (including legal opinions) 
delivered pursuant to this Agreement, the Trust Agreement 
(including requisitions for funds under Section 5.2 thereof) , 
the Deed of Trust or the Guaranty Agreement shall prove 
to have been incorrect in any material respect when made 
or shall be breached; or 

(b) Default shall be made by the Company in the pay- 
ment of any amounts due under this Agreement when due 



466 ORDINANCES Ord. No. 726 

and payable, whether at maturity, by obligation or election 
to prepay, or otherwise, unless such payment is made within 
7 days from the day the same is due and payable; or 

(c) Default shall be made by the Company in the due 
observance and performance of any covenant, condition 
or agreement contained in Subsections 6.1 ( ) or 6.1 ( ) 
or in Section 6.2 and such default shall continue unremedied 
for 7 days thereafter; or 

(d) Default shall be made by the Company in the due 
observance or performance of any other term, covenant or 
agreement herein contained, which default shall remain 
unremedied for 30 days after written notice thereof shall 
have been given to the Company by the Bank as agent 
for the holder of the Bond or the holder of the Bond; pro- 
vided, however, if such default be such that it cannot be 
corrected within 30 days, it shall not be a default if in the 
opinion of the Bank as agent for the holder of the Bond the 
Company is taking appropriate corrective action to cure 
the default and if such default will not impair the security 
assigned to the Bank as agent for the holder of the Bond; or 

(e) The Company or any subsidiary suspends its bus- 
iness, makes an assignment for the benefit of creditors, 
files a petition in bankruptcy, is adjudicated insolvent or 
bankrupt, petitions or applies to any tribunal for any re- 
ceiver or any trustee of the Company, or any subsidiary, 
or any substantial part of its property, or if the Company 
or any subsidiary commences any proceeding relating to 
the Company or any subsidiary under any reorganization, 
arrangement, re-adjustment of debt, dissolution or liquida- 
tion law or statute of any jurisdiction, whether now or 
hereafter in effect, or if there is commenced against the 
Company or any subsidiary any such proceeding which 
remains undismissed and unstayed for a period of 30 days, 
or if the Company or any subsidiary by any act indicates 
its consent to, approval of, or acquiescence in, any such pro- 
ceeding or the appointment of any receiver of or any 
trustee for the Company, or any subsidiary, or any sub- 
stantial part of its property, or suffers any such receiver- 
ship or trusteeship to continue uncontested for a period of 
30 days; or 



ORDINANCES 467 

(f ) Any judgment against the Company, or any attach- 
ment or other levy against the property of the Company 
with respect to a claim, for any amount in excess of $20,000 
remains unpaid, unstayed on appeal, undischarged, un- 
bonded or undismissed for a period of 30 days; or 

(g) Default shall be made by the Company in the 
due observance or performance of any term, covenant or 
agreement contained in the Trust Agreement or the Deed 
of Trust which shall remain unremedied for any applicable 
grace period, if any, specified in the Trust Agreement or 
the Deed of Trust, respectively; or 

(h) An Event of Default shall occur under the Guaranty 
Agreement; or 

(i) Any obligation of the Company (other than its 
obligation hereunder) or any subsidiary for the payment 
of borrowed money becomes and is declared to be due and 
payable prior to the expressed maturity thereof. 

Section 10.2. Remedies on Default. Whenever any 
"event of default" described in Section 10.1 hereof shall 
have occurred: 

(a) The Bank as agent for the holder of the Bond, or 
the holder of the Bond, may, by written notice to the Com- 
pany, declare forthwith due and payable the principal 
of and interest on the Loan and all other moneys payable 
hereunder, whereupon the same will become forthwith 
due and payable, without further protest, presentment, 
notice or demand, all of which are expressly waived by the 
Company. 

(b) The Bank as agent for the holder of the Bond, 
or the holder of the Bond, or the City, may from time to 
time take whatever action at law or in equity may appear 
necessary or desirable to collect the moneys payable by the 
Company hereunder (whether then due or thereafter to 
become due) , or to enforce performance and observance of 
any obligation, agreement or covenant of the Company 
under this Agreement. 

Section 10.3. No Remedy Exclusive. No remedy herein 
conferred upon or reserved to the City or the holder of the 



468 ORDINANCES Ord. No. 726 

Bond or the Bank as agent for the holder of the Bond is 
intended to be exclusive of any other available remedy or 
remedies, but each and every such remedy shall be cumu- 
lative and shall be in addition to eveiy other remedy given 
under this Agreement or now or hereafter existing at law 
or in equity or by statute. No delay or omission to exercise 
any right or power accruing upon any default shall impair 
any such right or power or shall be construed to be a waiver 
thereof, but any such right or power may be exercised from 
time to time and as often as may be deemed expedient. 
In order to entitle the City, the holder of the Bond or the 
Bank as agent for the holder of the Bond to exercise any 
remedy reserved to them in this Article, it shall not be 
necessary to give any notice, other than such notice as 
may be herein expressly required. Such rights and remedies 
as are given the City hereunder shall also extend to the 
Bank as agent for the holder of the Bond; and the Bank 
as agent for the holder of the Bond and the holder of the 
Bond, subject to the provisions of the Ordinance, shall be 
entitled to the benefit of all covenants and agreements herein 
contained. 

Section 10.4. Agreement to Pay Attorney's Fees and Ex- 
penses. In the event the Company should default under 
any of the provisions of this Agreement, and the City or the 
Bank as agent for the holder of the Bond or the holder of 
the Bond shall hire attorneys or incur other expenses for 
the collection of the payments due hereunder or the en- 
forcement or performance or observance of any obligation 
or agreement on the part of the Company herein contained, 
the Company agrees that it will on demand therefor pay to 
the City, the Bank as agent for the holder of the Bond, and 
the holder of the Bond the reasonable fees of such attorneys 
and such other reasonable expenses incurred by the City, 
the Bank as agent for the holder of the Bond, or the holder 
of the Bond. 

Section 10.5. No Additional Waiver Implied by One 
Waiver. In the event any term, covenant or agreement 
contained in this Agreement shall be breached by either 
party and thereafter waived by the other party, such 
waiver shall be limited to the particular breach hereunder. 



ORDINANCES 469 

ARTICLE XL 

Prepayment 

Section 11.1. Optional Prepayment. The Company shall 
have the right upon two Banking Days' prior written notice 
to the City and the Bank as agent for the holder of the 
Bond and the holder of the Bond, to prepay the moneys due 
hereunder in whole or in part on any interest payment date, 
provided that (i) each partial prepayment shall be in an 
amount not less than $50,000 (and in multiples of $5,000), 
(ii) interest on the amount prepaid accrued to the prepay- 
ment date, shall be paid on such prepayment date, and (iii) 
each partial prepayment shall be applied to the principal 
due hereunder in the inverse order of the installment pay- 
ment dates. Such prepayment shall be without premium or 
penalty. 

Section 11.2. Mandatory Prepayment. The Company 
shall be obligated to prepay the amounts due hereunder if, 
prior to the expiration of the Loan Term and prior to the 
full payment of the Bond, any of the following shall have 
occurred: 

(a) As a result of any change in the Constitution of the 
State of Maryland, or the Constitution of the United States 
of America, or of legislative or administrative action 
(whether State or federal), this Agreement or the Ordi- 
nance shall have become void or unenforceable or impossible 
of performance in accordance with the intent and purposes 
of the parties as expressed in this Agreement or in the 
Ordinance; or 

(b) The Company, or its permitted successors or as- 
signs, shall, for any reason whatsoever, discontinue the use 
and occupancy of the Industrial Building, or any part 
thereof, for its intended purposes. 

The Company shall, within 10 days following knowledge 
by it of any of the events obligating the Company to prepay 
the amounts due under this Section 11.2, give written notice 
to the City, the Bank as agent for the holder of the Bond, 
and the holder of the Bond, indicating whether any of the 
principal of or interest on the Bond shall then be unpaid, 
and shall specify therein the proposed date of such prepay- 
ment, which date shall be not less than 15 nor more than 



470 ORDINANCES Ord. No. 726 

60 days from the date such notice is mailed, and shall make 
arrangements satisfactory to the Bank as agent for the 
holder of the Bond and the holder of the Bond for the pre- 
payment of the Bond. 

The amount payable by the Company pursuant to the 
provisions of this Section shall be the sum of the following 
(i) an amount of money which when added to the amount 
on deposit with the Bank as agent for the holder of the 
Bond for payment of the Bond, if any, will be sufficient to 
prepay all the outstanding principal of and accrued and 
unpaid interest on the Bond, including all payment ex- 
penses ; plus (ii) an amount of money equal to the fees and 
expenses of the Bank, the fees and expenses of the Bank as 
agent for the holder of the Bond, and the fees and expenses 
of the City, if any, accrued and to accrue until such final 
payment of the Bond. 

ARTICLE XII. 

Miscellaneous 

Section 12.1. Notices. All notices, certificates or other 
written communications hereunder shall be sufficiently 
given and shall be deemed given when mailed by registered 
mail, postage prepaid, addressed as follows : if to the City, 
to the Deputy Treasurer of the City, City Hall, Baltimore, 
Maryland 21202 ; if to the Company to , 

The Mudge Paper Company, 1400 Russell Street, Baltimore, 
Maryland 21230 ; and, if to the Bank as agent for the holder 
of the Bond, to Mercantile-Safe Deposit and Trust Com- 
pany, 2 Hopkins Plaza, Baltimore, Maryland 21201. A 
duplicate copy of each notice, certificate or other communi- 
cation given hereunder by either the City or the Company 
to the other shall also be given to the Bank as agent for the 
holder of the Bond. The City, the Company, the Bank as 
agent for the holder of the Bond, and the holder of the 
Bond, may, by written notice given hereunder, designate 
any further or different addresses to which subsequent 
notices, certificates or other communications shall be sent. 

Section 12.2. Expenses. The Company agrees to pay, 
whether out of the proceeds of the Loan or other funds, all 
reasonable expenses of the City, the Bank, the Bond Regis- 



ORDINANCES 471 

trar (referred to in the Ordinance) and the Bank as agent 
for the holder of the Bond (including the fees and ex- 
penses of their counsel) in connection with the issuance 
of the Bond and the transactions contemplated hereby, 
including all costs of recording and filing (fees and taxes). 
In addition, upon notice in writing from the Bank as agent 
for the holder of the Bond to the Company that the holder 
of the Bond or the Bank as agent for the holder of the 
Bond has incurred any tax liability or other expenses re- 
sulting from the imposition by the United States Govern- 
ment of taxes or other levies in connection with this Agree- 
ment, other than federal income taxes referred to in 
Section 5.3 hereof, the Company agrees to pay any and all 
such taxes or expenses. So long as the Bank is the holder 
of the Bond, the Bank as agent for the holder of the Bond 
shall not charge a fee for its ordinary services in such 
capacity. In no event shall any services or action rendered 
or taken by the Bank as agent for the holder of the Bond 
occasioned by any event of default hereunder be deemed 
"ordinary services." During such period as the Bond, or 
any part thereof, is held by anyone other than the Bank, the 
Company shall pay directly to the Bank as agent for the 
holder of the Bond a reasonable fee sufficient to compen- 
sate it for its services in such capacity as agent for the 
holder of the Bond, and failure to pay such fee shall be 
deemed an event of default under this Agreement. 

Section 12.3. Books and Records. The City, the holder of 
the Bond and the Bank as agent for the holder of the 
Bond, in the event any of the principal of and interest on 
the Bond shall at the time be outstanding and unpaid, may 
have access to and inspect, examine, and make copies of 
the books and records and any and all accounts, data and 
income tax and other tax returns of the Company. 

Section 12.4. Binding Effect This Agreement shall inure 
to the benefit of and shall be binding upon the City, the 
Company, and their respective successors and assigns. 

Section 12.5. Severability. In the event any provision of 
this Agreement shall be held invalid or unenforceable by 
any court of competent jurisdiction, such holding shall not 



472 ORDINANCES Ord. No. 726 

invalidate or render unenforceable any other provision 
hereof. 

Section 12.6. Amounts Remaining with Bank. It is 
agreed by the parties hereto that any amounts remaining 
with the Bank as agent for the holder of the Bond upon 
expiration or sooner termination of the Loan Term, as pro- 
vided in this Agreement, after payment in full of the Bond 
and the fees, charges and expenses of the Bank, the Bank 
as agent for the holder of the Bond and the City and all 
other expenses required to be paid under this Agreement, 
the Deed of Trust, the Trust Agreement and the Guaranty 
Agreement, shall belong to and be paid to the Company 
by the Bank as agent for the holder of the Bond as an 
overpayment of the amounts due hereunder. 

Section 12.7. Amendments, Changes and Modifications. 
Except as otherwise provided in this Agreement, subse- 
quent to the issuance of the Bond and prior to its payment 
in full, this Agreement may not be amended, changed, 
modified, altered, or terminated without the prior written 
consent of the Bank as agent for the holder of the Bond 
and of the holder of the Bond. 

Section 12.8. Executed Counterparts. This Agreement 
may be executed in several counterparts, each of which 
shall be an original and all of which shall constitute but 
one and the same instrument. 

Section 12.9. Indemnification of City and Bank. The 
Company shall protect, indemnify, and save harmless the 
City, the Bank and the Bank as agent for the holder of 
the Bond and their respective officers, employees and agents 
against and from any and all liabilities, suits, actions, 
claims, demands, losses, expenses and costs of every kind 
and nature incurred by, or asserted or imposed against, 
the City, the Bank, the Bank as agent for the holder of 
the Bond and their respective officers, agents or employees, 
or any of them, by reason of any accident, injury (includ- 
ing death) or damage to any person or property, howso- 
ever caused, resulting from, connected with or growing 
out of any act of commission or omission of the Company, 
or any officers, employees, agents, assignees, contractors 
or subcontractors of the Company, or any use, non-use, 



ORDINANCES 473 

possession, occupation, condition, operation, service, design, 
construction, acquisition, maintenance or management of, 
or on, or in connection with, the Industrial Building or any 
part thereof, during the term of this Agreement and regard- 
less of whether such liabilities, suits, actions, claims, de- 
mands, damages, losses, expenses and costs be ag*ainst or be 
suffered or sustained by the City, the Bank, or the Bank as 
agent for the holder of the Bond or any of their respective 
officers, agents or employees, or be against or be suffered 
or sustained by other persons, corporations, or other legal 
entities to whom the City, the Bank, or the Bank as agent 
for the holder of the Bond or any of their respective 
officers, agents or employees may become liable therefor. 
The City shall not be liable for any damage or injury oc- 
curring during the term of this Agreement, to the persons 
or property of the Company or any of its officers, agents, 
including operating personnel, contractors and employees, 
or any other person or entity who or which may be upon 
the Industrial Building, due to any act or negligence of 
any person or entity other than the City, its officers, agents, 
servants and employees. The Company may, and if so re- 
quested by the City, the Bank, or the Bank as agent for 
the holder of the Bond shall, undertake to defend, at its 
sole cost and expense, any and all suits, actions or pro- 
ceedings brought against the City, the Bank, or the Bank 
as agent for the holder of the Bond or any of their re- 
spective officers, agents or employees in connection with 
any of the matters mentioned in this Section, provided that 
the City, the Bank, or the Bank as agent for the holder of 
the Bond shall give the Company timely notice of and shall 
forward to the Company every demand, notice, summons or 
other process received with respect to any claim or legal 
proceedings within the purview hereof. 

Section 12.10. Filing. The security interest created 
herein and by the Assignment shall be perfected by the 
filing of financing statements which fully comply with the 
Maryland Uniform Commercial Code — Secured Transac- 
tions, in the office of the Clerk of the Superior Court of 
Baltimore City, Maryland, and in the Office of the State 
Department of Assessments and Taxation, in the City of 
Baltimore, Maryland, and by the recording of the Deed of 
Trust among the Land Records of Baltimore City, Mary- 



474 ORDINANCES Ord. No. 726 

land, to the end that the rights of the holder of the Bond 
and the Bank as agent for the holder of the Bond shall be 
fully preserved as against creditors of, or purchasers for 
value from, the City or the Company. The parties further 
agree that all necessary continuation statements shall be 
filed within the time prescribed by the Maryland Uniform 
Commercial Code — Secured Transactions, in order to con- 
tinue the security interest created by this Agreement and 
the Assignment. 

Section 12.11. Net Agreement. This Agreement shall 
be deemed and construed to be a "net agreement", and the 
Company shall repay absolutely net during the Loan Term 
all payments required hereunder, free of any deductions, 
without abatement, deduction or setoff. 

Section 12.12. Law Governing Construction of Agree- 
ment. This Agreement shall be governed by, and con- 
strued in accordance with, the laws of the State of Mary- 
land. 

Section 12.13. Exculpation for City. Nothing in this 
Loan Agreement shall be construed as creating any pecu- 
niary liability by the City to the Bank as agent for the 
holder of the Bond or to the holder of the Bond. 

IN WITNESS WHEREOF, MAYOR AND CITY COUN- 
CIL OF BALTIMORE, MARYLAND has caused this 
Agreement to be executed by the manual signature of its 
Mayor, and its corporate seal to be impressed hereon, and 
attested by the manual signature of its Deputy Treasurer; 
and THE MUDGE PAPER COMPANY has caused this 
Agreement to be executed by the manual signature of its 
, and its corporate seal to be impressed 
hereon, and attested by its Secretary or its Assistant Secre- 
tary all being done as of the day and year first above 
written. 

MAYOR AND CITY COUNCIL 
OF BALTIMORE 



By 

Mayor 



ORDINANCES 475 

ATTEST: 



Deputy Treasurer 
[CITY SEAL] 

THE MUDGE PAPER COMPANY 

By - 



[COMPANY SEAL] 

EXHIBIT A 

to 

Loan Agreement dated as of , 1978 

by and between Mayor and City Council of Baltimore 

and The Mudge Paper Company 

DESCRIPTION OF INDUSTRIAL BUILDING 

The Industrial Building will be located in the Crossroads 
Industrial Centre, Baltimore City, Maryland, and will con- 
sist of a warehouse and office building to be used in the 
Company's business of the distribution of paper and paper 
products. The proposed facility will consist of a 42,000 to 
60,000 square foot building on a 4.67 acre parcel of land 
to be purchased from the City with the proceeds of the 
Bond. In addition, the Company intends to purchase equip- 
ment, including shelving, with the proceeds of the Bond in 
order to supplement equipment transferred to the Indus- 
trial Building from the Company's present location. 

It is anticipated that approximately 35 to 46 employees 
will work at the facility. 

The Industrial Building will be completed in accordance 
with the Plans and Specifications referred to and defined 
in the Trust Agreement (as defined in the Loan Agree- 
ment to which this Exhibit A is attached). 

Sec. 12. Be it further ordained, That the Assignment by 
which the City assigns to the Bank as agent for the holder 
of the Bond all of its right, title and interest in and to, 
and remedies under the Loan Agreement and moneys due 



476 ORDINANCES Ord. No. 726 

and to become due the City thereunder, and all collateral 
pledged thereunder, and all of its right, title and interest 
in and to, and remedies under, the Deed of Trust, shall be 
substantially in the following form, and the form, with 
such changes therein as the Commissioners of Finance of 
the City shall approve, is hereby adopted by the City as 
and for the form and tenor of the obligation to be per- 
formed, and the Assignment is hereby made binding upon 
the City. 

FORM OF ASSIGNMENT 
ASSIGNMENT 

For the benefit of the holder, from time to time, of the 
City of Baltimore, Maryland Industrial Development Reve- 
nue Bond (The Mudsre Paper Company Project) in the 
principal amount of $1,000,000 dated as of June 1, 1978 
(herein called the "Bond") , and as security for the due and 
punctual payment of the principal of and interest due on 
the Bond and as security for the performance by Mayor 
and City Council of Baltimore (herein called the "City"), 
of any other obligations under Ordinance No. of the 

City, approved by the Mayor of the City on , 1978 

(herein called the "Ordinance"), the City hereby pledges 
and assigns to Mercantile-Safe Deposit and Trust Com- 
pany as agent for the holder of the Bond (in such capacity 
herein called the "Assignee"), the following: (a) all right, 
title and interest of the City in, to and under that certain 
Loan Agreement dated as of the date hereof (herein called 
the "Loan Agreement"), between the City and The Mudge 
Paper Company, a Maryland corporation (herein called the 
"Company"), together with all moneys due and to become 
due to the City thereunder (except any payments to be 
made to the City pursuant to the fourth literary paragraph 
of Section 5.3 of the Loan Agreement and Sections 10.4, 
12.2 and 12.9 of the Loan Agreement), and all collateral 
pledged from time to time thereunder as security for the 
loan in the amount of $1,000,000 made by the City to the 
Company on the date hereof (the "Loan"), which Loan is 
evidenced and secured by the Loan Agreement, and all 
rights and remedies of the City thereunder, and the City 
hereby appoints the Assignee as agent for the purpose of 
receiving and disbursing such moneys due and to become 
due under the Loan Agreement, (b) all right, title and 



ORDINANCES 477 

interest of the City in, to and under that certain Deed of 
Trust dated as of the date hereof (herein called the "Deed 
of Trust"), between the Company and 
and , trustees, executed and delivered 

by the Company as security for the Loan. 

The Assignee shall not by the acceptance of this Assign- 
ment be deemed to assume, or in any way to become re- 
sponsible for the performance of, any of the duties, under- 
takings or obligations of the City under the Loan Agree- 
ment, except as specifically set forth herein. 

The Assignee, by the acceptance hereof, hereby agrees 
with the City for the benefit of the holder of the Bond as 
follows : 

A. The Assignee shall receive and hold the rights and 
moneys hereby assigned, in trust, for the benefit of the 
holder from time to time of the Bond and shall promptly 
apply all moneys from time to time received and held by 
the Assignee hereunder in the following order of priority: 
first, to the payment when due of interest (including addi- 
tional interest, if any), and premium, if any, on the Bond; 
second, to the payment when due of principal of the Bond; 
third, to the payment of any additional expenses as pro- 
vided in Sections 5.3, 10.4, 12.2 and 12.9 of the Loan Agree- 
ment; and, fourth, as to any balance remaining with the 
Assignee upon expiration or earlier termination of the 
Loan Term as described in the Loan Agreement, to the 
Company in accordance with the provisions of the Loan 
Agreement. The Assignee further agrees that it shall en- 
force, at the direction of the holder of the Bond, each and 
every right granted to the City pursuant to the Loan 
Agreement and the Deed of Trust, and that nothing in the 
aforesaid instruments, or this Assignment, shall obligate 
the City to act or refrain from acting under such instru- 
ments, it being understood that the holder of the Bond 
shall look solely to the Bank as agent for the holder of the 
Bond pursuant to this Assignment for enforcement of its 
rights and remedies under the Loan Agreement, the Deed 
of Trust, the Bond, and the Guaranty Agreement referred 
to in the Loan Agreement. 

B. The Assignee accepts this Assignment upon the fol- 
lowing express terms and conditions: 



478 ORDINANCES Ord. No. 726 

1. The Assignee shall not be liable or responsible for 
any action taken or omitted by it under this Assignment 
or with respect to the Bond, except for its own gross 
negligence or willful misconduct; 

2. The holder of the Bond (other than the Assignee) 
shall indemnify and hold the Assignee harmless against 
any cost or expense (including counsel fees) and against 
any loss or liability (except such as results from the As- 
signee's own gross negligence or misconduct), which the 
Assignee may suffer or incur by reason of any action taken 
or omitted by the Assignee hereunder; 

3. The Assignee shall carry out its duties hereunder 
in accordance with the express provisions of this Assign- 
ment and the Loan Agreement, provided that, as to any 
matters not expressly provided for, the Assignee may act 
and refrain from acting in its reasonable discretion; and 

4. Nothing in this Assignment shall be construed as 
creating any pecuniary liability on the part of the City 
to the holder of the Bond. 

This Assignment shall constitute a first lien upon the 
rights of the City under (a) the Loan Agreement and of 
all moneys due and to become due to the City thereunder, 
and the collateral pledged thereunder, and (b) the Deed 
of Trust, subject to no equal or prior lien or encumbrance 
of any nature whatsoever. With respect to the security 
interest created hereby, the Assignee shall have all of the 
rights and remedies of a secured party under the Maryland 
Uniform Commercial Code. 

IN WITNESS WHEREOF, the City has caused this As- 
signment to be duly executed by its Mayor by his manual 
signature and has caused its official seal to be hereunto 
affixed and attested by its Deputy Treasurer by his manual 
signature, all as of the day of , 1978. 

ATTEST: MAYOR AND CITY COUNCIL 

OF BALTIMORE 

- By 

Deputy Treasurer Mayor 

[CITY SEAL] 



ORDINANCES 479 

ACCEPTED : 

MERCANTILE-SAFE DEPOSIT 
AND TRUST COMPANY 

By - 

ACKNOWLEDGMENT 

The undersigned hereby acknowledges receipt of notice 
of the foregoing Assignment, and intending to be legally 
bound, hereby agrees with the Assignee therein named (1) 
to pay directly to the Assignee all moneys due and to be- 
come due from the undersigned under the Loan Agree- 
ment referred to in the Assignment, (2) to perform for 
the benefit of the Assignee all of the duties and under- 
takings of the undersigned under the Loan Agreement re- 
ferred to in the Assignment, and (3) that the Assignee 
shall not be obligated by reason of the Assignment to per- 
form or be responsible for the performance of any of the 
duties, undertakings or obligations of the City under the 
Loan Agreement. 

IN WITNESS WHEREOF, the undersigned has caused 
this Acknowledgment to be duly executed in its name and 
its seal to be hereunto affixed and attested by its duly 
authorized officers, all as of the day of , 

1978. 

ATTEST: THE MUDGE PAPER COMPANY 
- By _ 

Sec. 13. Be it further ordained, That the Trust Agree- 
ment by and between the Company and the Trustees pur- 
suant to which the proceeds of the Loan will be deposited in 
trust with the Trustees and held, invested and disbursed by 
them as therein provided, shall be substantially in the fol- 
lowing form, and the form, with such changes therein as 
the Commissioners of Finance of the City shall approve on 
behalf of the City is hereby adopted by the City as and for 
the form and tenor of the Trust Agreement. 

FORM OF TRUST AGREEMENT 
TRUST AGREEMENT 
THIS TRUST AGREEMENT is made as of the day 

of , 1978, by and between THE MUDGE PAPER 



480 ORDINANCES Ord. No. 726 

COMPANY, a Maryland corporation, (the "Company") 
and and , Trustees, 

(the "Trustees"). 

RECITALS 

A. Pursuant to, and in accordance with, the authority 
set forth in Article 41, Sections 266A through 266-1 of the 
Annotated Code of Maryland (1978 Replacement Volume), 
as amended (the "Act"), the Company has received from 
Mayor and City Council of Baltimore (the "City"), a loan 
in the amount of $1,000,000 (the "Loan") evidenced and 
secured by a Loan Agreement between the City and the 
Company of even date herewith (the "Loan Agreement"), 
and also secured by a Deed of Trust between the Company 
and and , 
Trustees (the "Deed of Trust"). The proceeds of the Loan 
will be used to finance the acquisition (as that term is de- 
fined in the Act) of a certain "industrial building" (as that 
term is defined in the Act) to be located in the City of Bal- 
timore, Maryland (the "Industrial Building"), which In- 
dustrial Building is more particularly described in Exhibit 
A attached to and made a part of the Loan Agreement. 

B. The City has borrowed the money necessary to ac- 
complish the aforesaid financing by issuing, pursuant to 
the Act, its Mayor and City Council of Baltimore, Maryland 
Industrial Development Revenue Bond (The Mudge Paper 
Company Project), in the principal amount of $1,000,000 
dated as of June 1, 1978 (the "Bond"), which Bond has, 
on the date of the delivery hereof, been purchased at par 
from the City by Mercantile-Safe Deposit and Trust Com- 
pany, a Maryland banking corporation (the "Bank"). 

C. The issuance, sale and delivery of the Bond by the 
City has been authorized by the Act and by Ordinance No. 

of the City approved by the Mayor of the City 
on , 1978 (the "Ordinance"). 

D. The City has made the Loan, and the Bank has pur- 
chased the Bond, upon the condition that this Trust Agree- 
ment be executed and delivered to assure the application of 
the proceeds of the Loan to the acquisition of the Industrial 
Building and financing costs, in accordance with the de- 



ORDINANCES 481 

scription of the Industrial Building set forth in Exhibit A 
to the Loan Agreement. 

NOW, THEREFORE, this Trust Agreement witnesses: 

1. Completion. The Company covenants and agrees 
to complete the acquisition of the Industrial Building as 
described in Exhibit A to the Loan Agreement and in 
accordance with the plans and specifications prepared by 

(the "Architect") heretofore submitted 
to and approved by the Bank and by the Department of 
Housing and Community Development (the "Plans and 
Specifications" ) and in accordance with the construction 
contract between the Company and (the 

"General Contractor") heretofore submitted to and ap- 
proved by the Bank, on or before , 197 . 

2. Receipt by Trustees. The Trustees have received 
from the Company the sum of $1,000,000 (the "Deposit") 
and have deposited the same to their credit as Trustees 
in a special account with the Bank to be held, invested and 
paid out by the Trustees as hereinafter provided. The De- 
posit shall be disbursed in accordance with the provisions of 
paragraphs 5 and 6 of this Trust Agreement and shall be 
made as the acquisition of the Industrial Building pro- 
gresses. 

3. Investment of Deposit. The Deposit shall be invested 
by the Trustees as set forth in Section 4.6 of the Loan 
Agreement, and any profits of such investment shall be 
paid over by the Trustees to the Bank as agent for the 
holder of the Bond, and applied by the Bank as agent for 
the holder of the Bond, as set forth in such Section 4.6. 

4. Additional Funds. The Company has covenanted 
with the City and the Bank as agent for the holder of 
the Bond, that if at any time the unpaid cost of the acquisi- 
tion of the Industrial Building (including all items of cost 
set forth in Section 4.3 of the Loan Agreement) shall exceed 
the undisbursed balance of the Deposit, it will provide from 
sources other than the Loan the funds necessary to pay the 
total cost of the acquisition of the Industrial Building (in- 
cluding all items of cost set forth in Section 4.3 of the Loan 
Agreement) free of all liens except the Deed of Trust. The 



482 ORDINANCES Ord. No. 726 

Company's funds so required shall be advanced before any- 
initial or further disbursement of the Deposit. 

5. Disbursements. 

5.1 Not Assignable. The Deposit shall not be assign- 
able by the Company nor subject to the process of any court 
upon legal action by or against the Company or by or 
against anyone claiming under or through it, and for the 
purposes of this Agreement, the Deposit shall remain in the 
custody of the Trustees until the Company complies with 
each and all of the provisions hereof, provided, however, 
that nothing herein contained shall be considered as in 
anywise modifying, affecting or subordinating the obliga- 
tions heretofore given or to be given by the Company as 
security for the Loan, and the same shall be and remain 
in full force, tenor and effect, this Agreement being in- 
tended only as additional security and protection for the 
Loan and to assure its use for the purposes intended by the 
City, the Bank as agent for the holder of the Bond and the 
Company. 

5.2 Requisitions. Disbursements by the Trustees shall 
be made on requisitions signed by the Authorized Company 
Representative referred to in the Loan Agreement, on 
behalf of the Company, setting forth (a) the name of the 
person, firm or corporation to whom payment is due, (b) 
the amount to be paid, and (c) the purpose in reasonable 
detail for which the obligation to be paid was incurred. 
Each requisition for construction costs shall include the 
AIA approved form which shall be signed by the General 
Contractor, and approved and signed by an engineer or in- 
spector representing the Bank as agent for the holder of 
the Bond. Each requisition shall contain the certification 
by the Authorized Company Representative referred to in 
the Loan Agreement that (a) none of the items for which 
funds are being requisitioned has formed the basis for any 
advance theretofore made hereunder, (b) each item for 
which funds are being requisitioned is necessary in con- 
nection with the acquisition of the Industrial Building as 
described in Exhibit A attached to and made a part of the 
Loan Agreement, and (c) all of the funds being requisi- 
tioned are being used in compliance with Section 103 (b) (2) 



ORDINANCES 483 

of the Internal Revenue Code and Treasury Regulations 
thereunder, and that substantially all of such funds are 
being used for the acquisition of land, or for the acquisi- 
tion, construction or installation of property of a character 
subject to the allowance for depreciation as prescribed in 
Section 103(b) (6) (A) of the Internal Revenue Code and 
the Treasury Regulations thereunder. No disbursement will 
be made for materials which are not physically incorporated 
into the Industrial Building unless the Bank as agent for 
the holder of the Bond instructs the Trustees to make any 
such disbursements. Disbursements for construction costs 
(other than the last advance) shall be not more than 90% 
of the amount requisitioned or such greater percentage 
as may be agreed by the Bank as agent for the holder of 
the Bond. All disbursements hereunder will be made di- 
rectly to the Company; or, if directed to do so by the 
Bank as agent for the holder of the Bond, the Trustees 
shall make all advances jointly to the Company and the 
General Contractor, or jointly to the Company, the General 
Contractor, and any subcontractor, laborer, materialman, 
or person furnishing labor, services, or materials used or 
to be used in the acquisition of the Industrial Building. The 
final holdback of the cost of construction will be retained 
until the Trustees have been furnished with (i) a copy of 
the Certificate of Completion required by Section 4.4 of 
the Loan Agreement, (ii) final waivers of liens from the 
General Contractor and all subcontractors, and (iii) a 
copy of the permanent occupancy certificate. The Trustees 
shall have a period of ten (10) banking days within which 
to fund each requisition. Requisitions for indirect costs 
(meaning all costs not included in the construction con- 
tract between the Company and the General Contractor 
and including any costs for equipment) must be approved 
in writing by the Bank as agent for the holder of the Bond 
prior to any disbursement by the Trustees of any portion of 
the Deposit for any such indirect costs. 

5.3 Completion of Acquisition. After completion of the 
acquisition of the Industrial Building and payment of all 
costs in connection therewith, any balance remaining in 
the Deposit shall be applied by the Trustees as set forth 
in the last literary paragraph of Section 4.3 of the Loan 
Agreement. 



484 ORDINANCES Ord. No. 726 

5.4 Liability of the Trustees, the City, the Bank and 
the Bank as agent for the holder of the Bond. The Trustees, 
the City, the Bank, and the Bank as agent for the holder 
of the Bond, shall in no event be responsible or liable to 
any person other than the Company for the disbursement 
of or failure to disburse the Deposit or any part thereof 
and neither the General Contractor nor any subcontractor 
nor material supplier shall have any right or claim against 
the Bank, the Bank as agent for the holder of the Bond, the 
City or the Trustees under this Agreement or the admin- 
istration thereof. 

6. Conditions Precedent to Disbursements. With each 
request for a disbursement hereunder, the Company shall 
deliver to the Trustees a requisition covering the disburse- 
ment requested meeting the requirements of paragraph 5.2 
hereof. The following shall be conditions precedent to each 
such disbursement: 

(a) the Company shall not be in default in the per- 
formance of the terms and provisions of this Agreement 
or the Loan Agreement; and 

(b) there shall be sufficient time in the opinion of the 
Bank as agent for the holder of the Bond, to complete the 
acquisition of the Industrial Building within the period 
of time provided in Section 1 hereof. 

7. Covenants of the Company. The Company repre- 
sents and warrants to and covenants with the Trustees 
for the benefit of the City and the Bank as agent for the 
holder of the Bond, that: 

7.1 The Industrial Building and the use thereof for its 
intended purposes will not violate any zoning or other ordi- 
nance or law or agreement of the Company applicable to 
the Industrial Building or its use, that the Plans and Speci- 
fications for the acquisition of the Industrial Building have 
been approved by all governmental authorities having juris- 
diction, and that all necessary building permits have been 
obtained or will be obtained. 

7.2 The Company will furnish to the Trustees, upon 
request, assurances satisfactory to the City and the Bank 
that funds necessary to complete the acquisition of the 
Industrial Building in excess of sums in the Deposit will be 



ORDINANCES 485 

advanced by the Company, pursuant to Paragraph 4 of this 
Trust Agreement. 

7.3 No material changes will be made in the Industrial 
Building to be acquired as described in Exhibit A attached 
to and made a part of the Loan Agreement or in the Plans 
and Specifications without the prior written approval of 
the Bank as agent for the holder of the Bond. 

7.4 The Company will pay the fees of any professional 
engineer representing the Bank as agent for the holder of 
the Bond. 

7.5 The Company is, and shall remain, a corporation 
organized, existing and in good standing under the laws of 
the State of Maryland, except insofar as it may be merged, 
consolidated, or reorganized in a manner permitted by Sec- 
tion 6.2 of the Loan Agreement. 

8. Default. Upon the occurrence of an event of default 
under this Agreement, the Trustees, at the request of the 
Bank as agent for the holder of the Bond, shall apply the 
balance of the Deposit then in their hands as provided in 
the last literary paragraph of Section 4.3 of the Loan 
Agreement. It shall be an event of default under this Agree- 
ment: 

(a) if any representation or warranty made by the 
Company in this Agreement is incorrect in any material 
respect; or 

(b) if the Company shall default in the performance 
of any covenant or agreement contained in this Agreement 
and such default shall continue for 30 days after written 
notice to the Company of the existence of such default; 
provided, however, if such default be such that it cannot be 
corrected within 30 days, it shall not be a default if the 
Company is taking appropriate corrective action to cure 
such default and if in the reasonable determination of the 
Bank as agent for the holder of the Bond, such default does 
not impair the security for the Bond. 

(c) if the City or the Bank as agent for the holder of 
the Bond, shall advise the Trustees that an event of default 
has occurred and is continuing under the Loan Agreement 
or any other instrument evidencing or securing the Loan ; or 



486 ORDINANCES Ord. No. 726 

(d) if the Company fails to complete the acquisition of 
the Industrial Building within the period specified in Sec- 
tion 1 hereof, time being of the essence ; or 

(e) if work on the Industrial Building stops for a 
period of 15 days (except for stoppages caused by strikes, 
lockouts, labor disputes, fire, unusual delay in transporta- 
tion or in delivery of materials, unavoidable casualty, 
weather or Acts of God) or is not proceeding in a manner 
reasonably satisfactory to the Bank as agent for the holder 
of the Bond, time being of the essence ; or 

(f ) if the Company makes any assignment for the bene- 
fit of creditors, is adjudicated a bankrupt, or a receiver is 
appointed for its assets ; or 

(g) if the Company shall assign or in any other manner 
transfer the Industrial Building without the prior written 
consent of the Bank and the Trustees ; or 

(h) if any mechanics' liens are established against the 
Industrial Building and are not caused to be discharged or 
bonded against by the Company within 30 days after it 
receives notice of the establishment thereof. 

9. Miscellaneous. 

9.1 Notices. All notices, requests and demands upon 
the respective parties hereto shall be deemed to have been 
given or made when deposited in the United States mail, 
postage prepaid, and addressed as follows: 

to the Bank: Mercantile-Safe Deposit and 

Trust Company 
2 Hopkins Plaza 
Baltimore, Maryland 21201 
Attn: 



to the Company: The Mudge Paper Company 

1400 Russell Street 
Baltimore, Maryland 21230 
Attn: 



to the Trustees: c/o Mercantile-Safe Deposit 

and Trust Company 
2 Hopkins Plaza 
Baltimore, Maryland 21201 



ORDINANCES 487 

9.2 No Waiver; Cumulative Remedies. No failure by 
the Bank as agent for the holder of the Bond, or the 
Trustees to exercise, and no delay in exercising", any right, 
power or privilege under this Agreement shall operate as a 
waiver thereof; nor shall any agreement operate as a 
waiver thereof; nor shall any partial exercise of any right, 
power or privilege hereunder preclude any other or further 
exercise thereof or the exercise of any other right, power or 
privilege. 

9.3 Regarding the Trustees. The Trustees, by the ac- 
ceptance and performance of this trust do not assume any 
personal liability, and the Company hereby releases them 
and each of them from any such liability, and no claim shall 
be made by the Company upon the Trustees for or on ac- 
count of any matter or thing in excess of the balance of the 
Deposit remaining in their hands and undisposed of in 
accordance with the terms of this Agreement. Any one or 
more of the Trustees may act on behalf of all. The Trustees 
are hereby empowered by the Company and the Bank as 
agent for the holder of the Bond, to deposit the Deposit 
with the Bank to be invested according to the provisions 
of Section 4.6 of the Loan Agreement and to be disbursed 
on direction of the Trustees as more fully provided in this 
Trust Agreement and the Loan Agreement. The reasonable 
investment fees of the Bank shall be paid by the Company. 

9.4 Survival of Agreements. All agreements, covenants, 
representations and warranties of the Company made in this 
Agreement shall survive the making of the disbursements 
hereunder. 

9.5 Successors. This Agreement shall be binding upon 
and inure to the benefit of the Company, the City and the 
Bank as agent for the holder of the Bond and the Trustees, 
and the Company's successors and assigns, the Bank's suc- 
cessors and assigns and the City's successors and assigns, 
and to the surviving Trustees or Trustee and their or his 
successors in the trust. In the event of the death, resigna- 
tion or incapacity of any Trustee, the remaining Trustee or 
Trustees shall designate a successor Trustee to such 
Trustee. 



488 ORDINANCES Ord. No. 726 

9.6 Counterparts. This Agreement may be executed 
in any number of counterparts and each such counterpart 
shall be deemed to be an original, and all of which shall con- 
stitute but one and the same instrument. 

9.7 Applicable Law. This Agreement is made, exe- 
cuted and delivered in the State of Maryland and Maryland 
law shall govern its interpretation, performance and en- 
forcement. 

9.8 No Representations and Warranties by Bank and 
Bank as Agent for the Holder of the Bond. Neither the ap- 
proval by the Bank or the Bank as agent for the holder of 
the Bond of the Plans and Specifications, nor any subse- 
quent inspections or approvals of the Industrial Building 
during construction shall constitute a warranty or repre- 
sentation by the Bank or the Bank as agent for the holder 
of the Bond, or any of its agents, representatives or desig- 
nees, as to the technical sufficiency, or adequacy or safety 
of the structure or any of its component parts, including 
without limitation, its fixtures, equipment or furnishings, 
nor shall such approvals or inspections constitute such a 
warranty or representation as to the subsoil conditions 
involved in the project or any other physical condition or 
feature pertaining to the Industrial Building. All acts, 
including any failure to act, relating to the Industrial Build- 
ing by any agent, representative or designee of the Bank or 
the Bank as agent for the holder of the Bond are performed 
solely for the benefit of the Bank and the Bank as agent for 
the holder of the Bond to assure repayment of the Loan and 
are not for the benefit of the Company or the benefit of any 
other person. The Company agrees to indemnify the Bank 
and the Bank as agent for the holder of the Bond and to 
hold it harmless against any loss or expense (including 
reasonable attorneys' fees) resulting from any and all 
claims, actions, settlements, or liability for acts or failure to 
act in connection with the Industrial Building and set forth 
in this Section 9.8. 

9.9 Definitions. The terms "Acquisition", "acquisi- 
tion", "Act", "Authorized Company Representative", 
"Bank", "Bank as agent for the holder of the Bond", "Bank- 
ing Day", "Bond", "City", "Company", "Deed of Trust", 



ORDINANCES 489 

"Industrial Building", "Loan", "Loan Agreement", "Ordi- 
nance", and "Trustees", as used herein, shall have the mean- 
ings ascribed thereto in Article I of the Loan Agreement 
unless the context clearly indicates a contrary meaning. 

IN WITNESS WHEREOF, the parties hereto have 
caused this Agreement to be executed, sealed and delivered 
as of the day and year first above-written. 

THE MUDGE PAPER COMPANY 

By 

ATTEST: 



[CORPORATE SEAL] 

TRUSTEES 

By (SEAL) 

as Trustee 

By (SEAL) 

as Trustee 
WITNESS: 



Sec. 14. Be it further ordained, That the Deed of Trust 
shall be in such form and contain such provisions as the 
Commissioners of Finance of the City shall approve on 
behalf of the City. 

Sec. 15. Be it further ordained, That the Guaranty Agree- 
ment to be executed and delivered by the Company shall 
be in such form and contain such provisions as the Com- 
missioners of Finance of the City shall approve on behalf 
of the City. 

Sec. 16. Be it further ordained, That the execution and 
delivery of the Bond, the Loan Agreement, and the As- 
signment, and all other documents necessary to evidence 
and secure the Bond and the Loan are hereby authorized. 
The Bond, the Loan Agreement, the Assignment, and the 



490 ORDINANCES Ord. No. 726 

Trust Agreement, shall be in substantially the form set 
forth in this Ordinance with such appropriate variations, 
omissions and insertions as are approved by a resolution 
of the Commissioners of Finance adopted prior to the sale 
of the Bond. The Bond, the Loan Agreement and the As- 
signment shall be executed on behalf of the City by the 
Mayor of the City by his manual signature, and the cor- 
porate seal of the City shall be impressed or otherwise 
reproduced thereon and attested by the Deputy Treasurer 
of the City by his manual signature. In case any officer 
whose signature shall appear on the Bond or any of the 
aforesaid documents shall cease to be such officer before 
the delivery of the Bond or any of the other documents 
aforesaid, such signature shall nevertheless be valid and 
sufficient for all purposes, the same as if such officer had 
remained in office until delivery. The Mayor, the Deputy 
Treasurer and other officials of the City shall do all such 
acts and things and execute such supporting documents 
and certificates as may be necessary to carry out and 
comply with the provisions hereof. Before the execution 
and delivery of the Bond by the Mayor to the Bank, the 
City shall have received a certificate signed by an officer 
of the Bank and satisfactory to counsel for the City stating 
that (a) the Bank has purchased the Bond as a commer- 
cial investment and not with a view to redistribute the 
same to the general public, and (b) the Bank has not relied 
upon the City for or received from the City any informa- 
tion concerning the financial condition of The Mudge Paper 
Company. 

Sec. 17. Be it farther ordained, That the Commissioners 
of Finance of the City are hereby authorized, by resolution 
adopted prior to the sale of the Bond, to approve the final 
form and provisions of the Bond, the Loan Agreement, the 
Assignment, and the Trust Agreement, with such varia- 
tions and omissions from the forms and provisions of such 
instruments and documents included in this Ordinance and 
with such insertions therein as the Commissioners of Fi- 
nance of the City by such resolution shall approve. Such 
resolution of the Commissioners of Finance of the City shall 
also approve the final form and provisions of the Deed of 
Trust and the Guaranty Agreement. 



ORDINANCES 491 

Sec. 18. Be it further ordained, That the provisions of 
this Ordinance are severable, and if any provision, sentence, 
clause, section or part thereof is held illegal, invalid or 
unconstitutional or inapplicable to any person or circum- 
stances, such illegality, invalidity or unconstitutionality, or 
inapplicability shall not affect or impair any of the remain- 
ing provisions, sentences, clauses, sections, or parts of this 
Ordinance or their application to other persons or circum- 
stances. It is hereby declared to be the legislative intent 
that this Ordinance would have been passed if such illegal, 
invalid or unconstitutional provision, sentence, clause, sec- 
tion or part had not been included herein, and if the person 
or circumstances to which this Ordinance or any part hereof 
are inapplicable had been specifically exempted herefrom. 

SEC. 19. Be it further ordained, That this Ordinance shall 
take effect from the date of its passage. 

Approved June 7, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 727 
(Council No. 1057) 

An Ordinance to authorize the use of the prop e rty PROP- 
ERTIES known as 2202 Garrison Boulevard, 2204 GAR- 
RISON BOULEVARD AND 2201 ROSLYN AVENUE 
as outlined in red on the AMENDED plats accompanying 
this ordinance, for an open air off-street parking facility 
in the R-? R-5 District, pursuant to Section 4-? 4.5-ld 
of Article 30 of the Baltimore City Code (4£66 1976 Edi- 
tion), title "The Zoning Ordinance of Baltimore City". 
(Ordinance Not 1051) approv e d April 20y 1971, 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the property PROPERTIES known as 
2202 Garrison Boulevard, 2204 GARRISON BOULEVARD 
AND 2201 ROSLYN AVENUE, as outlined in red on the 
AMENDED plats accompanying this ordinance, be and it is 



492 ORDINANCES Ord. No. 728 

hereby authorized for use as an open air off-street parking 
facility in the &-Z R-5 District, pursuant to Section 4»3 
4.5-ld of Article 30 of the Baltimore City Code (4366 1976 
Edition), title 'The Zoning Ordinance of Baltimore City". 
(Ordinance Nor 1051) approvod A^r41 20, 4££k 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the 
authenticity of the plat which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the City Council 
shall sign the plat, and when the Mayor approves the ordi- 
nance, he shall sign the plat. The City Treasuruer shall 
then transmit a copy of the ordinance and one of the 
plats to the following: the Board of Municipal and Zoning 
Appeals, the Planning Commission, the Commissioner of 
the Department of Housing and Community Development, 
the Commissioner of Transit and Traffic, and the Zoning 
Administrator. 

SEC. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved June 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 728 
(Council No. 1207) 

An Ordinance authorizing the City Comptroller to sell at 
either public or private sale in accordance with Article 
V, Section 5(b) of the City Charter, 1964 Revision and 
any and all amendments thereto all of the interest of the 
Mayor and City Council of Baltimore, State of Maryland, 
in and to all that property situate in Baltimore City, 
Maryland, containing 7.705 acres, more or less being Lot 
1 of the final subdivision of Carroll Industrial Park, said 
property being no longer needed for public use by city. 



ORDINANCES 493 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or private 
sale, in accordance with Article V Section 5(b) of the City 
Charter, 1964 Revision, all of the interest of the Mayor and 
City Council of Baltimore in and to the parcel of land 
situate in Baltimore City, and described as follows : 

Being the parcel of land containing 7.705 acres, more or 
less, being Lot 1 as shown on the final subdivision of said 
parcel of land, lying within the Carroll Industrial Park. 

Subject to the easements for the construction and main- 
tenance of sewers, drains, water pipes and other municipal 
utilities and services as shown on the aforesaid final sub- 
division plan. 

Said property being no longer needed for public use by 
the City. 

SEC. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 729 
(Council No. 1218) 

An Ordinance to amend Sheet No. 46 of the Zoning District 
Maps of Article 30 of the Baltimore City Code (1966 Edi- 
tion), title "Zoning," (Ordinance No. 1051, approved 
April 20, 1971) by changing from the M-l-3 Zoning Dis- 
trict to the R-9 Zoning District the property generally 
known as 501 East Preston Street, as outlined in red on 
the plats accompanying this ordinance. 



494 ORDINANCES Ord. No. 730 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Sheet No. 46 of the Zoning District Maps 
of Article 30 of the Baltimore City Code (1966 Edition), 
title "Zoning," (Ordinance No. 1051, approved April 20, 
1971) be and it is hereby amended by changing from the 
M-l-3 Zoning District to the R-9 Zoning District the 
property generally known as 501 East Preston Street, as 
outlined in red on the plats accompanying this ordinance. 

Sec. 2. And be it further ordained, That upon passage 
of this ordinance by the City Council, as evidence of the au- 
thenticity of the plat which is a part hereof and in order to 
give notice to the departments which are administering the 
Zoning Ordinance, the President of the City Council shall 
sign the plat and, when the Mayor approves the ordinance, 
he shall sign the plat. The City Treasurer shall then trans- 
mit a copy of the ordinance and one of the plats to the fol- 
lowing: the Board of Municipal and Zoning Appeals, the 
Planning Commission, the Commissioner of the Department 
of Housing and Community Development and the Zoning 
Administrator. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect thirty days from the date of its passage. 

Approved June 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 730 

(Council No. 1442) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in ac- 
cordance with Article V, Section 5(b) of the City Charter, 
all of the interests of the Mayor and City Council of 
Baltimore in and to those parcels of land and improve- 
ments known as a parcel of land comprising a portion 
of the former bed of Cold Spring Lane, varying in 
width from Evans Chapel Road to Lawrence Avenue; 



ORDINANCES 495 

a parcel of land comprising a portion of the former bed 
of Springlake Way, varying in width, contiguous to the 
southwest side of Bellona Avenue; a parcel of land 
comprising a portion of the former bed of Bay View 
Avenue in the vicinity of Kane Street; a parcel of land 
comprising a portion of the former bed of Bay View 
Avenue in the vicinity of Kane Street; a parcel of land 
comprising a portion of the former bed of Maude Ave- 
nue extending from 3rd Street southeasterly to a 15 
foot alley; a parcel of land comprising a portion of the 
former bed of Maude Avenue extending from Horton 
Avenue northwesterly to a 15 foot alley ; a parcel of land 
comprising a portion of the former bed of Maude Ave- 
nue extending from Horton Avenue southeasterly to a 
15 foot alley; a parcel of land comprising a portion of 
the former bed of Maude Avenue extending from 4th 
Street northwesterly to a 15 foot alley, Baltimore, 
Maryland, said properties being no longer needed for 
public use. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or 
private sale in accordance with Article V, Section 5(b) of 
the City Charter all of the interests of the Mayor and 
City Council of Baltimore in and to those parcels of land 
situate in Baltimore, Maryland, and described as follows: 

PARCEL NO. 1 

BEGINNING for the same at the point formed by the 
intersection of the southeast side of Cold Spring Lane, 
100 feet wide, and the southwest side of Evans Chapel 
Road, 40 feet wide, and running thence binding on the 
southwest side of said Evans Chapel Road, Southeasterly 
88 feet, more or less, to intersect the southeast side of the 
former bed of Cold Spring Lane, varying in width, as 
condemned and closed under Ordinance No. 952, approved 
July 9, 1975 by the Mayor and City Council of Baltimore ; 
thence binding on the southeast side of the former bed of 
last said Cold Spring Lane, Southwesterly 109 feet, more 
or less, to intersect the northeast extremity of a 10 foot 
alley contiguous to and northwest of the northwest outline 



496 ORDINANCES Ord. No. 730 

of the property known as No. 4406-4410 Evans Chapel 
Road; 

thence binding on the northeast extremity of said 10 foot 
alley, Northwesterly 10 feet, more or less, to the northwest 
side of said 10 foot alley; thence binding on the northwest 
side of said 10 foot alley, Southwesterly 55 feet, more or 
less, to intersect the northeast side of Lawrence Avenue, 
50 feet wide; thence binding on the northeast side of said 
Lawrence Avenue, Northwesterly 80 feet, more or less, 
to intersect the southeast side of Cold Spring Lane, 100 
feet wide, and thence binding on the southeast side of Cold 
Spring Lane, 100 feet wide, Northeasterly 192 feet, more 
or less, to the place of beginning. 

PARCEL NO. 2 

BEGINNING for the same at the point formed by the 
intersection of the southeast side of Springlake Way, 80 
feet wide, and the southwest side of Bellona Avenue, vary- 
ing in width, and running thence binding on the south- 
west side of said Bellona Avenue, Southeasterly 59 feet, 
more or less, to intersect the south side of the former bed 
of Springlake Way, varying in width, as condemned and 
closed under Ordinance No. 952, approved July 9, 1975 
by the Mayor and City Council of Baltimore; 
thence binding on the south side of the former bed of last 
said Springlake Way, Westerly 74 feet, more or less, to 
the southeast side of Springlake Way, 80 feet wide, and 
thence binding on the southeast side of last said Spring- 
lake Way, Northeasterly by a line curving to the right with 
a radius of 1269.60 feet the distance of 79 feet, more or 
less, to the place of beginning. 

PARCEL NO. 3 

BEGINNING for the same at the point formed by the 
intersection of the northeast side of the former bed of Bay 
View Avenue, 80 feet wide, as condemned and closed under 
Ordinance No. 952, approved July 9, 1975 by the Mayor 
and City Council of Baltimore and the north side of Lom- 
bard Street, formerly known as Bay View Avenue, 80 feet 
wide, said point of beginning being distant 1140.61 feet 
southwesterly and westerly measured along the northwest 
and north sides of said Lombard Street from the northwest 



ORDINANCES 497 

side of Kane Street, 80 feet wide, and running thence 
binding on the north side of said Lombard Street, West- 
erly by a line curving to the left with a radius of 1677.02 
feet the distance of 289 feet, more or less, to intersect the 
north side of the former bed of said Bay View Avenue, 
as condemned and closed, and thence binding on the north 
and northeast sides of the former bed of said Bay View 
Avenue, as condemned and closed, the two following courses 
and distances; namely, Easterly by a line curving to the 
right with a radius of 995.37 feet the distance of 222.78 
feet and Southeasterly 66.72 feet to the place of beginning. 

PARCEL NO. 4 

BEGINNING for the same at the point formed by the 
intersection of the south side of Lombard Street, formerly 
known as Bay View Avenue, 80 feet wide, and the south 
side of the former bed of Bay View Avenue, 80 feet wide, 
as condemned and closed under Ordinance No. 952, ap- 
proved July 9, 1975 by the Mayor and City Council of 
Baltimore, said point of beginning being distant 1074.73 
feet northwesterly and westerly, measured along the south- 
west and south sides of said Lombard Street from the 
northwest side of Kane Street, 80 feet wide, and running 
thence binding on the south side of the former bed of said 
Bay View Avenue, as condemned and closed, the two fol- 
lowing courses and distances; 

namely, Westerly by a line curving to the left with a radius 
of 915.37 feet the distance of 92 feet, more or less, and 
Westerly 36 feet, more or less, to intersect the west outline 
of the property now or formerly owned by Edward Azrael 
and Wife "Etal" and known as Lot 21/25 of Block 6333 ; 
thence binding on the west outline of said property, North- 
erly 10 feet, more or less, to the south side of said 
Lombard Street and thence binding on the south side of 
said Lombard Street, Easterly by a line curving to the 
right with a radius of 1597.02 feet the distance of 128 
feet, more or less, to the place of beginning. 

PARCEL NO. 5 

BEGINNING for the same at the point formed by the 
intersection of the southwest side of the former bed of 
Maude Avenue, as condemned and closed under Ordinance 



498 ORDINANCES Ord. No. 730 

No. 952, approved July 9, 1975 by the Mayor and City 
Council of Baltimore and the southeast side of 3rd Street, 
70 feet wide, and running thence binding on the southeast 
side of said 3rd Street, Northeasterly 20 feet to intersect 
the southwest side of Maude Avenue, 100 feet wide; 
thence binding on the southwest side of last said Maude 
Avenue, Southeasterly 86.25 feet to intersect the north- 
west side of a 15 foot alley laid out 86.25 feet southeast 
of said 3rd Street; thence binding on the northwest side 
of said alley, Southwesterly 20 feet to intersect the south- 
west side of the former bed of said Maude Avenue, as 
condemned and closed, and thence binding on the southwest 
side of THE FORMER BED OF SAID Maude Avenue, as 
condemned and closed. Northwesterly 86.25 feet to the place 
of beginning. 

PARCEL NO. 6 

BEGINNING for the same at the point formed by the 
intersection of the northwest side of Horton Avenue, 50 
feet wide, and the southwest side of the former bed of 
Maude Avenue, as condemned and closed under Ordinance 
No. 952, approved July 9, 1975 by the Mayor and City 
Council of Baltimore and running thence binding on the 
southwest side of the former bed of said Maude Avenue, 
as condemned and closed, Northwesterly 86.25 feet to in- 
tersect the southeast side of a 15 foot alley laid out 86.25 
feet southeast of 3rd Street, 70 feet wide ; 
thence binding on the southeast side of said alley, North- 
easterly 20 feet to intersect the southwest side of Maude 
Avenue, 100 feet wide; thence binding on the southwest 
side of last said Maude Avenue, Southeasterly 86.25 feet 
to intersect the northwest side of said Horton Avenue and 
thence binding on the northwest side of said Horton Avenue, 
Southwesterly 20 feet to the place of beginning. 

PARCEL NO. 7 

BEGINNING for the same at the point formed by the 
intersection of the southwest side of the former bed of 
Maude Avenue, as condemned and closed under Ordinance 
No. 952, approved July 9, 1975 by the Mayor and City 
Council of Baltimore and the southeast side of Horton 
Avenue, 50 feet wide, and running thence binding on the 



ORDINANCES 499 

southeast side of said Horton Avenue, Northeasterly 20 
feet to intersect the southwest side of Maude Avenue, 100 
feet wide ; 

thence binding on the southwest side of last said Maude 
Avenue, Southeasterly 78 feet to intersect the northwest 
side of a 15 foot alley laid out 94.50 feet northwest of 4th 
Street, 70 feet wide ; thence binding on the northwest side 
of said alley, Southwesterly 20 feet to intersect the south- 
west side of the former bed of said Maude Avenue, as 
condemned and closed, and thence binding on the south- 
west side of the former bed of said Maude Avenue, as 
condemned and closed, Northwesterly 78 feet to the place 
of beginning. 

PARCEL NO. 8 

BEGINNING for the same at the point formed by the 
intersection of the northwest side of 4th Street, 70 feet 
wide, and the southwest side of the former bed of Maude 
Avenue, as condemned and closed under Ordinance No. 
952, approved July 9, 1975 by the Mayor and City Council 
of Baltimore and running thence binding on the southwest 
side of the former bed of said Maude Avenue, as con- 
demned and closed, Northwesterly 94.50 feet to intersect 
the southeast side of a 15 foot alley laid out 94.50 feet 
northwest of said 4th Street; thence binding on the south- 
east side of said alley, Northeasterly 20 feet to intersect 
the southwest side of Maude Avenue, 100 feet wide; 

thence binding on the southwest side of last said Maude 
Avenue, Southeasterly 94.50 feet to intersect the northwest 
side of said 4th Street and thence binding on the northwest 
side of said 4th Street, Southwesterly 20 feet to the place 
of beginning. 

PARCEL NO. 9 

BEGINNING FOR THE SAME AT THE POINT 
FORMED BY THE INTERSECTION OF THE SOUTH- 
EAST SIDE OF WALTHER AVENUE, AS NOW LAID 
OUT, AND THE NORTHWEST SIDE OF OLD 
WALTHER AVENUE, AS NOW LAID OUT, AND RUN- 
NING THENCE BINDING ON THE NORTHWEST SIDE 
OF SAID OLD WALTHER AVENUE, SOUTHWEST- 
ERLY 145 FEET, MORE OR LESS, TO THE NORTH- 



500 ORDINANCES Ord. No. 730 

EAST OUTLINE OF THE PROPERTY NOW OR FOR- 
MERLY OWNED BY JOHN L. REED AND WIFE AND 
KNOWN AS LOT 9 OF BLOCK 5779 ; THENCE BINDING 
ON THE NORTHEAST OUTLINE OF SAID PROPERTY, 
AND ON THE SOUTHWEST SIDE OF THE FORMER 
BED OF WALTHER AVENUE, VARYING IN WIDTH, 
AS CONDEMNED AND CLOSED UNDER ORDINANCE 
NO. 952, APPROVED JULY 9, 1975 BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE, NORTHWEST- 
ERLY 34 FEET, MORE OR LESS, TO THE SOUTH- 
EAST SIDE OF WALTHER AVENUE, AS NOW LAID 
OUT, AND THENCE BINDING ON THE SOUTHEAST 
SIDE OF WALTHER AVENUE, AS NOW LAID OUT, 
NORTHEASTERLY 149 FEET, MORE OR LESS, TO 
THE PLACE OF BEGINNING. 

PARCEL NO. 10 

BEGINNING FOR THE SAME AT THE POINT 
FORMED BY THE INTERSECTION OF THE SOUTH- 
WEST SIDE OF HAMILTON AVENUE, AS NOW LAID 
OUT, AND THE NORTHWEST SIDE OF WALTHER 
AVENUE, AS NOW LAID OUT, AND RUNNING 
THENCE BINDING ON THE NORTHWEST SIDE OF 
SAID WALTHER AVENUE, SOUTHWESTERLY 230 
FEET, MORE OR LESS, TO INTERSECT THE NORTH- 
EAST SIDE OF A 10 FOOT ALLEY; THENCE BINDING 
ON THE NORTHEAST SIDE OF SAID ALLEY, NORTH- 
WESTERLY 17 FEET, MORE OR LESS, TO INTER- 
SECT THE NORTHWEST SIDE OF THE FORMER BED 
OF WALTHER AVENUE, VARYING IN WIDTH, AS 
CONDEMNED AND CLOSED UNDER ORDINANCE 
NO. 952, APPROVED JULY 9. 1975 BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE; THENCE 
BINDING ON THE NORTHWEST SIDE OF LAST SAID 
WALTHER AVENUE, AS CONDEMNED AND CLOSED, 
NORTHEASTERLY 197 FEET, MORE OR LESS, TO 
INTERSECT THE SOUTHWEST SIDE OF SAID 
HAMILTON AVENUE AND THENCE BINDING ON 
THE SOUTHWEST SIDE OF SAID HAMILTON AVE- 
NUE, SOUTHEASTERLY 65 FEET, MORE OR LESS, 
TO THE PLACE OF BEGINNING. 



ORDINANCES 501 



PARCEL NO. 11 



BEGINNING FOR THE SAME AT THE POINT 
FORMED BY THE INTERSECTION OF THE NORTH 
SIDE OF WALTHER AVENUE, AS NOW LAID OUT, 
AND THE SOUTHEAST SIDE OF WINTHROPE AVE- 
NUE, VARYING IN WIDTH, AND RUNNING THENCE 
BINDING ON THE SOUTHEAST SIDE OF SAID WIN- 
THROPE AVENUE, NORTHEASTERLY 84 FEET, 
MORE OR LESS, TO INTERSECT THE SOUTHWEST 
SIDE OF A 10 FOOT ALLEY, THERE SITUATE; 
THENCE BINDING ON THE SOUTHWEST SIDE OF 
SAID ALLEY, SOUTHEASTERLY 74 FEET, MORE OR 
LESS, TO INTERSECT THE NORTH SIDE OF SAID 
WALTHER AVENUE AND THENCE BINDING ON 
THE NORTH SIDE OF SAID WALTHER AVENUE, 
WESTERLY BY A LINE CURVING TO THE LEFT 
WITH A RADIUS OF 960 FEET, MORE OR LESS, THE 
DISTANCE OF 112 FEET, MORE OR LESS, TO THE 
PLACE OF BEGINNING. 

THE ABOVE DESCRIBED PARCEL OF LAND COM- 
PRISING A PORTION OF THE FORMER BED OF 
WALTHER AVENUE, VARYING IN WIDTH, AS CON- 
DEMNED AND CLOSED UNDER ORDINANCE NO. 
952, APPROVED JULY 9, 1975 BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE. 

PARCEL NO. 12 

BEGINNING FOR THE SAME AT THE POINT 
FORMED BY THE INTERSECTION OF THE SOUTH- 
WEST SIDE OF KEENE AVENUE, VARYING IN 
WIDTH, AND THE NORTH SIDE OF WALTHER AVE- 
NUE, AS NOW LAID OUT, AND RUNNING THENCE 
BINDING ON THE NORTH SIDE OF SAID WALTHER 
AVENUE, WESTERLY 60 FEET, MORE OR LESS, TO 
THE SOUTHEAST OUTLINE OF THE PROPERTY 
NOW OR FORMERLY OWNED BY WILLIAM H. 
HUETTNER, JR. AND WIFE AND KNOWN AS LOT 8 
OF BLOCK 5761 ; THENCE BINDING ON THE SOUTH- 
EAST OUTLINE OF SAID PROPERTY, AND ON THE 
NORTHWEST SIDE OF THE FORMER BED OF 
WALTHER AVENUE, VARYING IN WIDTH, AS CON- 



502 ORDINANCES Ord. No. 731 

DEMNED AND CLOSED UNDER ORDINANCE NO. 
952, APPROVED JULY 9, 1975 BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, NORTHEASTERLY 
32 FEET, MORE OR LESS, TO THE SOUTHWEST SIDE 
OF SAID KEENE AVENUE AND THENCE BINDING 
ON THE SOUTHWEST SIDE OF SAID KEENE AVE- 
NUE, SOUTHEASTERLY 51 FEET, MORE OR LESS, TO 
THE PLACE OF BEGINNING. 

Said properties being no longer needed for public use. 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And be it further ordained, That this ordinance 
shall take effect from the date of its passage. 

Approved June 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 731 
(Council No. 1453) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in ac- 
cordance with Article V, Section 5(b) of the City 
Charter, all of the interest of the Mayor and City Coun- 
cil of Baltimore in and to that parcel of land and im- 
provements known as No. 1431 N. Carey Street, Balti- 
more, Maryland, said property being no longer needed 
for public use. 

SECTION 1. Be it ordained by the Mayor and City Council 
of Baltimore, That the Comptroller of Baltimore City be 
and he is hereby authorized to sell at either public or pri- 
vate sale in accordance with Article V, Section 5(b) of 
the City Charter, all of the interest of the Mayor and City 



ORDINANCES 503 

Council of Baltimore in and to that parcel of land situate 
in Baltimore, Maryland, and described as follows : 

BEGINNING for the same at the point formed by the 
intersection of the southeast side of School Street, as now 
laid out 30 feet wide, and the northeast side of Carey 
Street, as now laid out 60 feet wide, said point of beginning 
being the beginning of the parcel of land leased from 
Henry Otto and Wife to the Mayor and City Council of 
Baltimore by lease dated September 24, 1895 and recorded 
among the Land Records of Baltimore City in Liber J.B. 
No. 1580 Folio 417 and running thence binding on the 
southeast side of said School Street, North 53°-25'-00" 
East 137.78 feet to intersect the southwest side of the 
former bed of Stockton Street, 20 feet wide, as condemned 
and closed under Ordinance No. 9 approved June 24, 1955 ; 
thence binding on the northwesternmost extremity of the 
former bed of said Stockton Street, North 57°-44'-20" 
East 20.26 feet; thence binding on the southeast side of 
School Street, as now laid out, North 47°-15'-00" East 
49.81 feet to the beginning of the parcel of land conveyed 
by Morris Lipsitz and Wife to the Mayor and City Council 
of Baltimore by deed dated August 25, 1953 and recorded 
among said Land Records in Liber M.L.P. No. 9262, Folio 
558; 

thence binding reversely on the last line of last said deed, 
and now surveyed, South 23°-05'-30" East 21.29 feet; thence 
binding reversely on part of the third line of last said deed, 
as now surveyed, South 63°-29'-30" West 3.00 feet to the 
beginning of the third line of the parcel of land conveyed 
by Nathan Castleman and Eli Castleman to the Mayor and 
City Council of Baltimore by deed dated November 26, 
1952 and recorded among said Land Records in Liber 
M.L.P. No. 9005, Folio 157 ; thence binding in part on the 
third line of the six parcels of land conveyed to the Mayor 
and City Council of Baltimore by the six deeds recorded 
among said Land Records and referred to as follows, said 
deed from Nathan Castleman and Eli Castleman dated No- 
vember 26, 1952 and recorded in Liber M.L.P. No. 9005 
Folio 157, a deed from Morton Silberman, et al, dated 
January 14, 1953 and recorded in Liber M.L.P. No. 9048 
Folio 481, a deed from Sarah Thomas dated December 22, 
1952 and recorded in Liber M.L.P. No. 9031 Folio 409, a 



504 ORDINANCES Ord. No. 731 

deed from Cora B. Engler, et al, dated December 11, 1952 
and recorded in Liber M.L.P. No. 9019 Folio 491, a deed 
from Leanna Thompson, et al, dated November 29, 1952 
and recorded in Liber M.L.P. No. 9007 Folio 10, and a deed 
from Minnie S. Kalis, et al, dated July 6, 1953 and re- 
corded in Liber M.L.P. No. 9223 Folio 78, in part on the 
northeasternmost extremity of the former bed of a 10 foot 
alley, as condemned and closed under said ordinance and 
in all, as now surveyed, South 23°-05'-30" East 113.02 feet; 
Thence binding on the southeast side of the former bed of 
said 10 foot alley, South 63°-29'-30" West 44.00 feet to 
the beginning of the third line of the parcel of land con- 
veyed by James Sewell McCoy and Wife to the Mayor and 
City Council of Baltimore by deed dated October 10, 1895 
and recorded among said Land Records in Liber J.B. No. 
1583 Folio 201 ; thence binding on the third line of last 
said deed, as now surveyed, South 23°-05'-30" East 32.00 
feet; thence binding in part on the last line of last said 
deed, in part on the second line of the parcel of land con- 
veyed by Cornelia S. McCoy to the Mayor and City Council 
of Baltimore by deed dated October 10, 1895 and recorded 
among said Land Records in Liber J.B. No. 1583 Folio 203, 
in part on the third line of the parcel of land leased from 
Margaret C. Carmichael and Husband, et al, to the Mayor 
and City Council of Baltimore by lease dated September 
25, 1895 and recorded among said Land Records in Liber 
J.B. No. 1580 Folio 412, in part on the third line of the 
lease mentioned firstly herein and in all, as now surveyed, 
South 64°-25'-00" West 109.17 feet to the aforesaid north- 
east side of Carey Street and thence binding on the northeast 
side of said Carey Street and on the last line of the lease 
mentioned firstly herein, there situate, as now surveyed, 
North 43°-20'-40" West 129.75 feet to the place of begin- 
ning. Containing 24,215.41 square feet or 0.5559 acre of 
land, more or less. Subject to a utility easement in the 
former bed of Stockton Street, as condemned and closed 
under Ordinance No. 9 approved June 24, 1955. All courses 
and distances in the above description are referred to the 
true meridian as adopted by the Baltimore Survey Con- 
trol System. The improvements thereon being known as 
No. 1431 N. Carey Street. 

Said property being no longer needed for public use. 



ORDINANCES 505 

Sec. 2. Be it further ordained, That no deed or deeds 
shall pass in accordance herewith until the same shall have 
been first approved by the City Solicitor. 

Sec. 3. And be it further ordained. That this ordinance 
shall take effect from the date of its passage. 

Approved June 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 732 
(Council No. 1514) 

An Ordinance to repeal and reordain, with amendments, 
Section 6 of Ordinance 675, approved March 3, 1978, 
entitled "An Ordinance Granting Permission and Au- 
thority to Exxon Corporation, a body corporate, to con- 
struct, maintain, and use a pipe trestle above and across 
Cardiff Avenue between South Clinton Street and High- 
land Avenue", to correct an omission in the language. 

Section 1. Be it ordained by the Mayor and City Council 
of Baltimore, That Section 6 of Ordinance 675, approved 
March 3, 1978, entitled "An Ordinance Granting Permission 
and Authority to Exxon Corporation, a Body Corporate, 
to Construct, Maintain and Use a Pipe Trestle Above and 
Across Cardiff Avenue Between South Clinton Street and 
Highland Avenue", be repealed and reordained with amend- 
ments to read as follows: 

"Sec. 6. And be it further ordained, That the said grantee, 
its successors and assigns, shall pay to the said Mayor and 
City Council of Baltimore, as compensation for the franchise 
or privilege hereby granted, the sum of One Hundred Sev- 
enteen Dollars ($117.00) per year, payable in advance dur- 
ing the continuance of this franchise or privilege, provided, 
however, that the Mayor and City Council of Baltimore, 
acting by and through the Board of Estimates, may in- 
crease or decrease the franchise charge payable by the 



506 ORDINANCES Ord. No. 733 

grantee under the provisions hereof by giving written 
notice to that effect to the grantee at least one hundred 
and fifty (150) days prior to the expiration of the first 
five years of the term granted herein, or at the expiration 
of any subsequent five- (5-) year period of said term granted 
herein, any such increase or decrease of said franchise 
charge to be effective as of the beginning of the next suc- 
ceeding five- (5-) year period of the term granted herein." 

Sec. 2. And be it further ordained, That this ordinance 
shall take effect on the date of its passage. 

Approved June 14, 1978. 

WILLIAM DONALD SCHAEFER, Mayor. 



No. 733 
(Council No. 1554) 

An Ordinance authorizing the Mayor and City Council of 
Baltimore to sell at either public or private sale in ac-